Automated Summary
Key Facts
The London Borough of Camden granted an HMO licence for 28 Monica Shaw Court, 31 Purchese Street, London NW1 1EY, allowing 3 persons from 3 separate households. The applicant, Karim Miah, sought a licence for 4 persons but the tribunal confirmed Camden's decision, citing bedroom 3's usable floor area as 5.991 sqm (below Camden's 7.1 sqm standard) when excluding the narrow passageway. The property, originally a 3-bedroom flat subdivided into 4 bedrooms, was inspected on 11 July 2022, with the tribunal noting insufficient private space for bedroom 3 occupants despite the applicant's arguments for including the passageway in calculations.
Issues
The core issue was whether the conditions imposed by Camden in the HMO licence (specifically restricting Bedroom 3 to zero permitted occupation) were appropriate for regulating the management, use, and occupation of the HMO. This centered on the legal question of whether the respondent's assessment of Bedroom 3's usable floor space (5.9 sqm) justified the restriction, despite the applicant's argument that the passageway should be included (7.1 sqm).
Holdings
The Tribunal confirmed the London Borough of Camden's decision to grant an HMO licence for 3 persons from 3 separate households at the property. The decision was based on the determination that bedroom 3, despite including a passageway, does not provide sufficient usable floor space (5.9 sqm) to meet Camden's local standards for private living space in cohesive HMO arrangements. The Tribunal rejected the applicant's argument that the passageway should be included in the room size calculation, citing safety concerns and the lack of adequate storage within the room itself.
Remedies
The tribunal confirmed the HMO license for 3 persons from 3 separate households. This decision upheld the London Borough of Camden's original determination regarding bedroom 3's insufficient usable space despite the applicant's arguments about passageway inclusion.
Legal Principles
The tribunal applied the principle that licensing authorities may impose conditions based on their own HMO standards even if statutory minimums are met, citing Clark v Manchester City Council [2105] UKUT 129 (LC). This includes considering factors like usable floor space, furniture requirements, and a 'whole house' approach to determine suitability for occupation under sections 63-67 of the Housing Act 2004 and the 2018 Regulations.
Precedent Name
Clark v Manchester City Council
Cited Statute
- Housing Act 2004
- Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018
Judge Name
- R Kershaw BSc
- D Brandler
Passage Text
- The Tribunal found the property as a whole fairly tight in space... the whole of the property did not provide enough space to justify the restricted usable floor space of bedroom 3.
- Whilst the total floor space of bedroom 3 including the passageway is within the legal limits... taking the property as a whole... the Tribunal found that the property is insufficient...
- In terms of the additional lockable cupboard created specifically for bedroom 3... the Tribunal did not find that this was a viable alternative...