First-tier Tribunal Amends HMO Licence Condition
📌 In brief
The First-tier Tribunal changed a condition on a house in multiple occupation (HMO) licence. They removed the old condition and added new requirements, such as maintaining a CCTV system and increasing housing inspections.
⚖️ Legal holding
Conditions attached to an HMO licence can be amended by mutual agreement between the parties.
📖 Technical summary
The Tribunal amended a condition on an HMO licence, removing one condition and replacing it with new terms.
📜 Headnote Official document
The Tribunal amended a condition on an HMO licence, removing the original condition and replacing it with new terms agreed upon by the parties involved.
📚 Full judgment Official document
OUTCOME: Allowed
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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/30UE/HML/2018/0003
Property : 6 and 10, [ADDRESS]. Chorley, Lancashire [POSTCODE]
Appellant: [redacted]
Respondent : [redacted]
Type of Application : Appeal against imposition of a condition attached to HMO Licence
Tribunal Members : Mr [NAME] Mr [NAME] of Decision : 17th December 2018
Decision : The conditions attached to the HMO licence shall be amended by removing the condition number 2 and replacing it with the conditions set out in paragraph 3, below
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Background
1 This matter has previously been considered by the Tribunal which published an interim decision on 17th August 2018.
2 Thereafter the parties have sought to resolve the difficulties that the Tribunal considered were presented by condition no.2 in the licence originally imposed by the Respondent.
3 The parties have now reached agreement to amend the condition as follows: (a) The Applicant will maintain the installed CCTV system in good working order at all times. (b) The Respondent will facilitate a meeting at approximately 3 monthly intervals to involve the attendance of the Applicant, an environmental health officer, PC [COUNSEL] (or her nominated replacement) and a representative of [NAME] (drug and alcohol services) to consider any issues that may require remedial action and to determine what, if any actions should be taken. (c) Housing standards inspections will be increased to 3-monthly intervals. (d) The Applicant will update the Council at the earliest reasonable opportunity of any changes to the register of tenants.
4 This condition should now be inserted in the licence appropriately.
[NAME] (CHAIRMAN)
© CROWN COPYRIGHT 2018
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📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Extension for HMO Licence Compliance
- First-tier Tribunal (Property Chamber) First-tier Tribunal Allows Appeal Against HMO Fire Alarm Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Quashes Defective HMO Licence Refusal Notices
- First-tier Tribunal (Property Chamber) First-tier Tribunal Orders Ensuite Modifications for Tenant Safety
- First-tier Tribunal (Property Chamber) First-tier Tribunal Confirms HMO Licence with Adjustments
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Urgent Roof Repairs Dispensation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Allows Appeal on HMO License Condition
- First-tier Tribunal (Property Chamber) Local Authority Fails to Revoke HMO Declaration, Appeal Allowed
- First-tier Tribunal (Property Chamber) First-tier Tribunal Reduces Penalty for Failing to Obtain a License
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The parties agreed to maintain the installed CCTV system in good working order at all times.
- The parties agreed to facilitate meetings every three months involving the applicant, an environmental health officer, a police constable, and a drug and alcohol services representative.
- Housing standards inspections will be increased to three-monthly intervals as agreed by the parties.
- The applicant agreed to update the Council promptly about any changes to the register of tenants.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to amend a condition on an HMO licence, changing the original condition to new terms agreed by both parties.
Who was involved?
The tenant and the local council were involved.
How did the court decide, and why?
The court decided to amend the condition because both parties agreed to the changes.
Which laws or rules were applied?
No specific laws or rules were mentioned in the decision.
What was the argument that mattered most?
The argument that mattered most was the mutual agreement between the parties to change the condition.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to negotiate changes to their HMO licence conditions with the local council.
What evidence or documents mattered?
There is no mention of specific evidence or documents in the decision.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for cases involving HMO licences.