First-tier Tribunal Reverses Licence Revocation Due to Administrative Error

OUTCOME: Allowed

Case Reference : BIR/00FY/HSL/2021/0001

Subject Property : 69 [ADDRESS]

[POSTCODE]

Applicant: [redacted]

Respondent

: [redacted]

Type of Application : Application under paragraph 32(1) of

Schedule 5 to the Housing Act 2004 to

appeal against the revocation of a licence

granted under Part 3 of the Housing Act

2004 in respect of the subject property

Tribunal Member : Deputy Regional Judge Nigel Gravells

Date of Decision : 9 February 2022

_____________________________________

DECISION _________________________________________

© CROWN COPYRIGHT 2022 FIRST - TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY)

(1) This is a decision on an application under paragraph 32(1) of Schedule 5 to the Housing Act 2004 (‘the 2004 Act’) by which the Applicant appeals against the revocation of a licence granted by the Respondent Council in respect of the subject property. (2) The licence was granted by the Respondent under Part 3 of the 2004 Act on 30 November 2020. The named licence holder was [NAME] (UK) [APPELLANT] (‘[NAME]’), who had been appointed by the Applicant to manage the subject property. (3) When the Applicant subsequently dispensed with the services of [NAME], [NAME] no longer wished to be the licence holder and they requested the Respondent to revoke the licence. (4) On 9 November 2021 the Respondent purported to revoke the licence. (5) By application received by the Tribunal on 1 December 2021 the Applicant appealed against the Respondent’s decision to revoke the licence. (6) It subsequently emerged that there had been an administrative error on behalf of the Respondent. On 20 January 2022 the Respondent wrote to the Applicant – (i) stating that in the circumstances it treated the revocation of 9 November 2021 as ineffective and (ii) issuing a new decision revoking the licence effective from 20 January 2022. (7) On 21 January 2022 the Tribunal emailed both parties, indicating – (i) that the Tribunal was minded, pursuant to paragraph 34(3) of Schedule 5 to the 2004 Act, formally to reverse the Respondent’s revocation decision of 9 November 2021; (ii) that the Tribunal was minded, pursuant to rule 13(2) of the Tribunal Procedure (First-tier Tribunal) ( [NAME]) Rules 2013, to direct the Respondent to reimburse to the Applicant the application fee of £100.00 paid by the Applicant in respect of his application to the Tribunal; (iii) that, if the Applicant wished to appeal against the new revocation decision of 20 January 2022, he must submit a new application within the 28-day time limit. (8) The Tribunal directed that any objection to the proposed action set out in paragraphs (7)(i) and (7)(ii) above must be received by the Tribunal not later than 7 February 2022. (9) The Tribunal has received no such objections.

(10) In the circumstances the Tribunal – (i) pursuant to paragraph 34(3) of Schedule 5 to the 2004 Act, reverses the Respondent’s revocation decision of 9 November 2021; (ii) pursuant to rule 13(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013, directs the Respondent to reimburse to the Applicant the application fee of £100.00 paid by the Applicant in respect of his application to the Tribunal;

9 February 2022

Professor Nigel P Gravells Deputy Regional Judge