First-tier Tribunal Dismisses Claimant's Appeal Over HMO License

OUTCOME: Dismissed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/OOCG/HMV/2021/0001/0002/0003

Property : 14 [ADDRESS] [POSTCODE], 52 [ADDRESS] [POSTCODE] and 55 [ADDRESS] [POSTCODE]

Applicant : [redacted]

In person

Respondent : [redacted] Representative

Ms [COUNSEL] of Application : Housing Act 2004- Schedule 5 Paragraph 32(1)

Tribunal Members : Judge J. E. Oliver Tribunal Member [NAME] : 8th September 2021

Date of Decision : 16th September 2021

DECISION

© CROWN COPYRIGHT 2021

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Decision

1. The application is dismissed.

Background

2. This is an appeal by Mr [NAME] (“Mr [NAME]”) against a Notice to Revoke a House in Multiple Occupation (HMO) Licence for 3 properties, [ADDRESS], Sheffield, [ADDRESS], Sheffield and [ADDRESS], Sheffield by Sheffield City Council (“the Council”).

3. The Council had issued the Notices because Mr [NAME] had failed to notify it of a conviction for producing a controlled Class B drug on 27th February 2018 and, consequently, he was not a fit and proper person to be the licence holder for the properties.

4. The Tribunal was advised the licences for both [ADDRESS] and [ADDRESS] had expired in August 2021 and consequently, at the time of the hearing, the only relevant property upon which a determination was required was [ADDRESS], Sheffield. The licence for this property expires on 25th September 2021.

5. Directions were issued by the Tribunal on 19th February 2021, providing for the application to be listed for a video hearing, without an inspection.

Hearing

6. At the hearing, Mr [NAME] attended in person. The Council was represented by Ms [COUNSEL], a solicitor and Mrs [COUNSEL], a Senior Private Housing Standards Officer was also in attendance.

7. At the outset of the hearing, it was clarified with Mr [NAME] the basis of his appeal, since he had originally filed a statement setting out his objections to the Council’s decision. However, he had then filed a further statement in which he had said he no longer wished to be the licence holder for the properties and wanted his sister to replace him. Mr [NAME] confirmed his second statement set out his current position.

8. The Tribunal advised Mr [NAME] it had no power within the proceedings to vary the licence as requested, pursuant to Section 66(6) of the Housing Act 2004 that prohibits the transfer of a licence to another person. If he wished his sister to replace him a new licence application would be required in respect of [ADDRESS].

9. Mr [NAME] confirmed that, in the light of this, he no longer wished to pursue his appeal. The Tribunal advised it therefore intended to dismiss the appeal, to which [NAME] agreed.

JE Oliver Tribunal Judge 16th September 2021