Automated Summary
Key Facts
The Tribunal dismissed the appeal and confirmed the prohibition order dated 22 July 2021 for First Floor, Raj Palace, 28 North Station Road, Colchester, Essex CO1 1RB. The Property, situated above a restaurant, was found to comprise residential premises (a dwelling) under the Housing Act 2004, as it was being used by restaurant staff for sleeping and resting due to impractical travel from London and low wages, with evidence including beds, personal belongings, and witness statements.
Issues
The Tribunal had to determine whether the property comprises residential premises under the Housing Act 2004.
Holdings
The Tribunal dismissed the appeal and confirmed the prohibition order dated 22 July 2021, finding that the Property (First Floor, Raj Palace, 28 North Station Road, Colchester) constitutes residential premises under the Housing Act 2004. The Tribunal determined the Property was being used as a dwelling for restaurant staff, evidenced by beds, personal belongings, and testimony from council officers who spoke to a chef confirming four people slept there as their main home. The Tribunal accepted the Property was intended for separate dwelling use despite lacking kitchen facilities, upholding the prohibition order.
Remedies
The Tribunal confirmed the prohibition order dated 22 July 2021, which prohibits the property from being used for human habitation and residential use.
Legal Principles
- The Tribunal applied the ordinary and natural meaning of 'dwelling' and 'residential premises' as defined in the Housing Act 2004, using the Literal Rule of statutory interpretation to determine the Property constituted residential premises under the Act.
- The Tribunal applied the civil standard of proof 'on the balance of probabilities' to assess evidence regarding the Property's use as residential premises, determining the likelihood of facts presented by both parties.
Precedent Name
- JLK Limited v Ezekwe
- Uratemp Ventures limited v Collins
Cited Statute
- Housing Act 2004
- Regulatory Reform (Fire Safety) Order 2005
Judge Name
- Judge N Hawkes
- Mr C Gowman
Passage Text
- The Tribunal therefore finds that the Property comprises residential premises within the meaning of the 2004 Act and we confirm the prohibition order dated 22 July 2021. In making this finding, the Tribunal has applied the ordinary and natural meaning of 'dwelling' and 'residential premises'.
- We accept, on the balance of probabilities, the evidence of Ms Collie and Mr Foot that on 2 July 2021 they spoke, in English, to a man who was preparing food in the kitchen of the Raj Palace restaurant who said, in English, that he was one of four people sleeping at the Property and that it was his only and main place of residence.