First-tier Tribunal Varies HMO Licence Conditions
📌 In brief
The First-tier Tribunal adjusted the conditions of an HMO licence, changing the minimum kitchen size requirement and specifying new amenities for tenants. The decision reflects national standards and local guidelines.
⚖️ Legal holding
A local authority may vary the conditions of an HMO licence to comply with national standards and local guidelines.
📖 What the law says
This section outlines offences related to the licensing of Houses in Multiple Occupation (HMOs). It states that if an HMO should be licensed but isn't, offenses can be committed by those controlling or managing the HMO or by landlords/licensors whose rights are superior to those managing the property. Additionally, it mentions offenses for knowingly allowing an HMO to be occupied by more households than authorized by the license and for failing to comply with license conditions.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal varied the licence condition for an HMO, reducing the required kitchen size and specifying new amenities.
📜 Headnote Official document
The First-tier Tribunal varied the conditions of an HMO licence, reducing the required kitchen size from 7m² to 5m² and specifying new amenities such as a two-ring hob, microwave, and improved ventilation. The decision was based on national standards and local guidelines.
📚 Full judgment Official document
OUTCOME: Allowed
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[NAME] : BIR/00CQ/HMV/2021/0002
Property :[ADDRESS], [NAME] [POSTCODE]
Applicant: [redacted]
Respondent authority : [NAME] of Application :HMO Licensing. An appeal under paragraph 31 of Schedule 5 of the Housing Act 2004 against a Licensing Condition
Tribunal Members : Judge [NAME] [NAME], MCIEH
Date and venue of : 22nd October 2021 Hearing Remote hearing via Cloud Video Platform via Midland Residential Property Tribunal
Date of Decision : 09 November 2021
_________________________________________________________
DECISION
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
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Decision
We determine that Licence Condition 3 of Schedule 2 (Discretionary Conditions) be varied as set out below:
In the opening paragraph delete ‘7m²’ and replace with ‘5m²’.
Delete ‘and IEE’. Add the following -
‘All electrical works must be compliant with the IEE Wiring Regulations (BS7671, 18th Edition). All works involving the addition or alteration of gas pipes must be carried out by a gas safe registered engineer.’
Cooking:
Delete the whole sentence and replace with –
‘Provide a gas or electric cooker with a minimum two ring hob sunk and fixed into the worktop, oven and a grill and a microwave. [NAME] with the manufacturer’s operating instructions.’
Storage:
Delete the whole paragraph and replace with-
‘Provide a refrigerator (with a minimum capacity of 130 litres) and a freezer (with a minimum capacity of 60 litres) to be sited in the communal living area in such a position as to not pose a risk to [NAME]. Provide at least one food storage cupboard for each occupant in the property (base units shall be 500mm wide and wall units shall be 1000mm wide). The sink base cannot be used for food storage.’
Worktop
Delete ‘and a minimum of 300mm length on BOTH sides of the cooking appliance to enable utensils and pans to be placed down’. Insert after that sentence-
‘The siting of the two ring hob must allow for the safe placement of pans and utensils to one side’.
Delete ‘The worktop must be securely supported, all joints sealed to prevent water ingress and the surface must be impervious and easy to clean’ and replace with-
‘In the area of the kitchen that was occupied by the fridge freezer, supply and fit a worktop that is impermeable, durable and easily cleansable and a tiled splash-back provided to a height of 150mm. All worktop shall be securely fixed to the wall using suitable bolts. Any joints in the worktop and the join of the worktop to the wall must be sealed with a waterproof sealant.
At the end of the paragraph insert-
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‘In order to maximise the provision of worktop space, using suitable fixings, supply and fit a shelf above the worksurface located on the right- hand side of the kitchen, butting up to the oven housing on which to place the microwave’.
Ventilation
Delete the paragraph and replace with –
‘Provide mechanical ventilation ducted to the outside air providing a minimum ventilation rate of thirty (30) litres per second in relation to the two ring hob and a minimum ventilation rate of either thirty (30) litres per second if the fan is sited within a cooker hood above the hob, or sixty (60) litres if sited elsewhere within the kitchen.’
Layout: Add at the end of the last sentence -
‘barring the requirement to re-site the fridge freezer, replace the worktop, the installation of a two ring hob, microwave and mechanical extraction as described above’.
The condition as varied is set out in Appendix A for ease.
Reasons for decision
Introduction
1. This an appeal under paragraph 31 of Schedule 5 of the Housing Act 2004 (‘the 2004 Act’), against a condition imposed by a Licence granted to the Applicant by the Respondent authority on 18th June 2021. Such an appeal is an appeal by way of re-hearing, but the Tribunal is able to take into account matters of which the Respondent authority was not aware. The options available to the Tribunal are to confirm, quash or vary the Licence.
Background
2. In May 2020, the Respondent authority introduced an Additional Licensing Scheme requiring all [NAME] within the authority’s area with fewer than 5 persons to be licensed.
3. In addition to the national mandatory standards, the Respondent authority has applied its own locally adopted standards which are set out in the Amenities and Facilities Guide for [NAME] (‘the Guide’ at Appendix 2 of the hearing bundle). The Respondent authority has adopted minimum space standards and states how minimum room size is to be calculated, including taking into account the ‘useable space’ (page 21 of the Guide). The Guide states that where there are 2-5 residents in the house the kitchen must be a minimum of 7 m².
4. The Applicant submitted an HMO Licence application. On 29th April 2021, the Respondent authority sent the Applicant a Notice of Intent with a copy of the proposed Licence including conditions set out in Schedule 1 (Mandatory Conditions) and Schedule 2 (Discretionary Conditions). It proposed to grant a Licence for 2 years and to restrict the occupation to not more than ‘3 households or 3 persons.’ The Applicant was given the opportunity to make representations.
5. The Applicant sent representations relating to the length of the proposed Licence at 2 years when he had applied for 5 years. He further referred to Discretionary Condition 3
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referring to the size of the kitchen and the implied requirement to extend and refurbish the kitchen to meet the minimum size requirement of 7m² as set out in the Guide.
6. Following the Applicant’s representations, on 18th June 2021, and subject to increasing the period of the Licence from 2 years to 5 years, the Respondent authority granted the Licence on the same terms as the proposed Licence, for the period 22nd March 2021 to 21st March 2026.We note that the Licence as granted has slightly different terminology than the proposed Licence re number of occupants as it refers to ‘3 households and 3 residents.’ However, there appears to be no dispute between the parties on this point.
The Licence Conditions
7. The Mandatory Conditions do not refer to the size of the kitchen.
8. The Discretionary Conditions state that they are specific to the Property. Condition 3 is set out below:
3. Provide kitchen Facilities-up to 5 people
Provide within the Property a kitchen of at least 7m² incorporating the kitchen facilities as set out below. The kitchen must be suitably located in relation to the living accommodation and of such layout and size and equipped with such facilities so as to adequately enable those sharing the facilities to safely store, prepare and cook food. All provided equipment must be fit for purpose and provided in sufficient quantity for the number of people sharing the facilities. All appliances should have an A+ energy efficiency rating. All work and materials must be in accordance with current Building and IEE Regulations.
Undertake all necessary work to meet these requirements and the following standards:
Cooking: Provide a gas or electric cooker with a minimum four ring hob, oven and grill
Storage: Provide a refrigerator (with a minimum capacity of 130 litres) and a freezer (with a minimum capacity of 60 litres) and at least one food storage cupboard for each occupant in the property (base units shall be 500mm wide and wall units shall be 1000mm wide). The sink base cannot be used for food storage.
Worktop: Provide worktop of at least 1000mm long and 600mm deep, comprising a minimum of 300mm length adjacent to the sink bowl and a minimum of 300mm length on BOTH sides of the cooking appliance to enable utensils and pans to be placed down. A minimum of 600mm of worktop length should separate the sink bowl and any cooking appliance. The worktop must be securely supported, all joints sealed to prevent water ingress and the surface must be impervious and easy to clean.
Ventilation: Provide mechanical ventilation ducted to the outside air providing a minimum ventilation rate of either thirty (30) litres per second if
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fan sited within the cooker hood adjacent to the hob, or sixty (60) litres if sited elsewhere within the kitchen.
Electricity: Provide as a minimum: 3 double 13- amp power sockets suitably positioned at worktop height for use by portable appliances; in addition to sockets used by fixed kitchen appliances.
Washing: Provide a stainless -steel sink and integral drainer set on a base unit with constant supplies of hot and cold running water. The drainer should be a minimum of 300mm length and drain into the sink bowl. The sink shall be properly connected to the drainage system. The cold water shall be direct from the mains supply. All relevant parts must be properly earth bonded in accordance with the IEE regulations. A minimum 300mm ceramic tiled splash back must be provided to all adjacent wall surfaces ensuring that joints are properly grouted.
Layout: The kitchen layout must ensure all appliances can be safely used as intended. For more information on safe kitchen layouts, please refer to [NAME]’s Room Size and Amenity Provision Standards available from www.[NAME].gov.uk/hmoinfo The arrangement and location of new facilities must be agreed with the [NAME] before any work is commenced.
COMPLETION: This must be done within nine (9) months of the date of the Licence.
Inspection
9. An internal inspection of the Property was carried out on 21st October 2021. The Applicant was present. Ms [APPELLANT], [NAME] [NAME], attended on behalf of the Respondent authority.
10. The Property is a terraced house comprising one ground floor bedroom, shared living/dining room, shared kitchen and one shared bathroom which is accessed through the kitchen. Stairs leading to the first floor open up to a further 2 bedrooms. The communal kitchen and bathroom exist in a single storey flat roof extension. At the time of the inspection the Property was unoccupied pending the outcome of the application.
11. The kitchen comprises an oblong shaped room. On two separate dates, an [NAME] [NAME] measured the kitchen using a laser measure and measured wall to wall an overall measurement of 5.378m². Within the kitchen area there is a four -plate hob, an oven and a grill. There is a single drain stainless steel sink, some workspace, a fridge freezer and a washing machine.
During the Tribunal’s inspection, the kitchen was measured to be 5.38m² (wall to wall measurements). A run of base units had been provided to both sides of the room, restricting the width of the walkway to 560mm at the narrowest point. Looking from the kitchen door, an electric four ring hob had been housed in the worksurface on the right - hand side, opposite the sink / drainer on the left -hand side. A large top hung window was noted to be located on the left -hand wall above the sink (with a tiled splash back covering the lower extent of the window reveal). Adjacent to the window on the left-hand wall was the boiler and associated pipework. The pipework had been boxed in, reducing the depth
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of the worksurface in that area. Adjacent to the boiler, at a distance of approximately 2500mm from the rear elevation, the rear entrance to the property was located. At a distance of 3250mm, a perpendicular stud partition wall had been built into which a door had been instated, creating the entrance to the communal bathroom. The fridge freezer was located opposite the rear external entrance, backed into the corner created by the right-hand extension wall and the partition wall.
The ground floor front bedroom was measured to be 7.4m², the rear first floor bedroom to be 12.2m² and the front bedroom to be 10.4 m². With reference to the Guide, the Tribunal agreed that compensatory space was required for the [NAME] of the ground floor front bedroom which would be provided by the communal living/dining room located adjacent to the kitchen (measured to be 13.2m²).
Hearing
12. An oral hearing was held via Cloud Video Platform on 22nd October 2021. The Applicant and his wife Mrs [APPELLANT] attended the hearing and were unrepresented. Mr [APPELLANT], [NAME] [NAME] [NAME] and Ms [RESPONDENT] attended by phone on behalf of the Respondent authority.
The Law
13. Section 65 of the 2004 Act sets out tests for the suitability for multiple occupation of an HMO and the requirement to meet ‘prescribed standards.’ Section 65(4) sets out the standards prescribed by regulations which may include-
(a) standards as to the number, type and quality of- (i) … (ii) areas for food storage, preparation and cooking, and (iii) … which should be available in particular circumstances;
14. The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England)Regulations 2006 paragraph 3 of Schedule 3 sets out the requirements for kitchens.
(3) Where all or some of the units of accommodation within the HMO do not contain any facilities for the cooking of food-
(a) there must be a kitchen, suitably located in relation to the living accommodation, and of such layout and size and equipped with such facilities so as to adequately enable those sharing the facilities to store, prepare and cook food;
(b) the kitchen must be equipped with the following equipment, which must be fit for the purpose and supplied in sufficient quantity for the number of those sharing the facilities-
(i) sinks with draining boards; (ii) an adequate supply of cold and constant hot water to each sink supplied; (iii) installations or equipment for the cooking of food;
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(iv) electrical sockets; (v) worktops for the preparation of food; (vi) cupboard for the storage of food or kitchen and cooking utensils; (vii) refrigerators with an adequate freezer compartment (or, where the freezer compartment is not adequate, adequate separate freezers); (viii) appropriate refuse disposal facilities; and (ix) appropriate extractor fans, fire blankets and fire doors.
15. Section 67 of the 2004 Act provides that - (1) A Licence may include such conditions as the local housing authority consider appropriate for regulating all or any of the following-
(a) the management, use and occupation of the house concerned; and (b) its condition and contents.
(2) Those conditions may, in particular, include (so far as appropriate in the circumstances)-
(a) … (b) … (c) conditions requiring facilities and equipment to be made available in the house for the purpose of meeting standards prescribed under section 65; (d) … (e) … (f) …
(3) A Licence must include the conditions required by Schedule 4.
Submissions
Applicant
16. The Applicant says that there is no nationally recognized size requirement for a kitchen in an HMO. He says that the Respondent authority has not taken into account that the Licence restricts the number of occupants to 3. Mathematically, if a kitchen must be 7m² for 5 people, this equates to 4.2m² for 3 people. The Respondent authority has not taken into account the individual circumstances of the HMO in question.
17. The Additional Licensing Scheme is stated to run for no more than 5 years and it is therefore unreasonable to expect significant building works to be undertaken.
18. Other authorities do not require 7m² minimum for kitchens for 5 people or less. He provides evidence of two authorities requiring 5m² and one authority requiring 5.5m² for up to 3 occupants; and authorities requiring 5m², 5.5m² and 6.5m² respectively for up to 5 occupants.
19. As at the date of the application, the Property was leased to a [COMPANY] which provided supported living to individuals. The Applicant says that it was preferable for such [NAME] to be housed in a property with a relatively small but fully equipped
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kitchen rather than sleep in the streets or a hostel. He provided a letter of support from the company which advised that their clients did not use the kitchen frequently and there had been no difficulties regarding the use of the kitchen.
20. The Applicant says that in his experience as a landlord, [NAME] of [NAME] tend not to use the kitchen at the same time as do, for example, a family. He remarked that it appeared that the oven had not been used during the period of the lease to the company.
21. As at the date of the hearing, the above lease had expired and the Property was vacant. The Applicant advised that he was looking at the widest range of [NAME] including [NAME], [NAME], [NAME] and a lease with a similar company providing supported living.
Respondent authority
22. The Respondent authority says that the Council’s requirement for a minimum kitchen size of 7m² is not excessive and is in line with many other authorities. At 5.378m², the kitchen is below the 7m² required by the Guide for 2-5 persons.
23. It submits that there is limited circulation space in the kitchen and if 3 people wish to use the room together, there would be limited ability to move and it could lead to potential difficulties.
24. Whilst the kitchen is well equipped, the hob and sink are in close proximity, resulting in a limited workspace in that area. Further, due to the lack of worktop to the left of the four ring hob, there is a potential risk of fire or scalding if pots and pans were knocked off.
Deliberations
25. The Respondent authority accepts that the legislation does not set out minimum sizes for kitchens and that the 7m² is a locally adopted standard. The Respondent authority also accepts that each [NAME] must be be considered on its merits and that there have been occasions where it has granted a Licence where the kitchen measured less than 7m².
26. The Guide refers to 7m² as the minimum for shared kitchen facilities for 2-5 [NAME] and that is what is required in the Condition. The Tribunal queries why the Guide includes properties occupied by 2 [NAME], as this number of [NAME] does not fall within the legal definition of an HMO.
27. The Respondent was unable to advise either on the appropriate or likely relevant minimum standards for 3, 4 and 5 [NAME] respectively or whether consideration had been given specifically to the kitchen size required at this Property which was restricted by the Licence to 3 [NAME]. Rather, there had been a blanket application of the size in relation to the range of 2-5 [NAME]. We note for example that Bristol City Council break down the occupants to 1-3, 4, 5, 6, 7 ,8 ,9 and 10 with corresponding room sizes of 5m², 6m² ,7m² ,9m² ,10m², 10m², 11m² and 11m² respectively.
28. We accept that a straight calculation of 7m² divided by 5 to give 1.4m² per [NAME] is too simplistic an approach, as we agree that 1.4m² is too small a kitchen area for one person and that there would need to be a minimum size above that even for one person for the kitchen to be practicable and safe.
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29. We note that the same method of calculation over the different bands of numbers of residents reveal figures which are internally inconsistent, for example for 6-10 residents the minimum size is 10m², resulting in 1m² per [NAME]; 11-15 residents require 13.5m² resulting in 0.9m² per [NAME]; and 16+ residents require 16.5m² resulting in 1.03m² per [NAME]. However, we accept both that there needs to be a bare minimum size for a kitchen to be occupied by one person and, at the other extreme, that once a kitchen is of a certain size, then it is unnecessary to cumulatively add the same amount of space for each additional [NAME]. This is reflected, for example, in Bristol City Council’s standards where 7 and 8 [NAME] require 10m² and 9 and 10 [NAME] require 11m².
30. We note the Applicant’s evidence that several authorities have set minimum standards that allowed less than 7m² for kitchens for up to 5 [NAME] including two authorities requiring 5m² and one authority requiring 5.5m² for up to 3 [NAME].
31. Mr [NAME] confirmed that in determining the minimum size standard for a room the Guide took no account of the mode of occupation. In Nottingham City Council v Parr [2018] UKSC 51 it was determined that certain categories of [NAME] may wish to occupy accommodation in a particular way. There is a distinction to be drawn between a number of individuals sharing communal living facilities and enjoying a significant level of social interaction where cohesive living is envisaged, for example [NAME], compared to houses occupied as individual rooms where there is some exclusive occupation and some sharing of amenities but where each occupant lives otherwise independently of all others. In our view, such considerations can also affect the minimum size required of a kitchen in any particular property but this is not reflected in the Guide
32. However, in this particular [NAME], the Applicant’s description of his ‘target audience’ is wide-ranging rather than being restricted to say, student letting, and therefore we have to consider the matter on the basis of occupants with non- cohesive living.
33. The Notice of Decision to grant a Licence states that-
‘2(c) The Council is satisfied that the premises can be made reasonably suitable for occupation by not more than the maximum number of households or persons specified in the Licence.’
34. On questioning, Mr [RESPONDENT] was unable to say on what basis the Respondent authority had formed that view and what options it had considered were available to the Appellant to increase the kitchen to the minimum standard of 7m². In the absence of such information, we are not clear on what basis the Respondent authority felt able to grant the Licence. He stated that the Respondent authority was always willing to discuss the matter with landlords. However, it appears that following the Appellant’s representations in response to the Notice of Intent regarding Condition 3, there had been limited discussions and discretionary Condition 3 was unamended when the Licence was subsequently issued. At the hearing, Mr [NAME] acknowledged that the discussions that had taken place at the hearing itself regarding the options available to the Applicant to meet the requirements of Condition 3 would have been better timed following the receipt of the Appellant’s representations and could have resulted in the issue of a further Notice of Intent with a varied discretionary Condition 3. He further acknowledged that the Condition should be self- explanatory and should have set out what the Appellant was expected to do in order to achieve the increase to the required 7m².
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35. As Mr [NAME] had not inspected the Property himself, was unaware that in order to increase the area of the kitchen by 1.621m² to 7m², an extension of 49 cm would be required to the full length of the 3.26m external wall. In addition to changes to drainage, the flat roof, replacement of kitchen fixtures and fittings, removal and re-instatement of the boiler, an extension would affect the existing window to the living area and impact on the natural light available which may have necessitated consequential work. No consideration appeared to have been given as to whether this was proportionate to meet a locally imposed guide minimum standard which itself did not distinguish between the number of [NAME] between 2-5.
36. Ms [NAME] referred to the possibility of increasing the area to meet the standard by opening up the kitchen by removing the wall between the kitchen and living/dining area to create a combined kitchen/diner as had been done at a similar property owned by the Appellant. However, the two properties differed in layout. We are not clear how the mere demolition of the wall would improve matters, other than to increase the area on paper. Further, depending on what was placed within the diner area of such a new combined kitchen/diner, there could be increased fire safety risk as this room provides the primary means of escape for the first floor bedrooms
37. We are not persuaded that the Respondent authority has properly considered the need for a minimum 7m² in this specific Property with a maximum of 3 [NAME], as opposed to the blanket imposition of the minimum required in the Guide. Whilst we appreciate that is useful to have a Guide of minimum standards in order to ensure consistency as far as possible, to inform landlords of the licensing authority’s requirements and to improve rented accommodation, it is a guide only and each property must be considered on it individual circumstances. In the absence of any justification in relation to this particular Property which is restricted to 3 [NAME], we consider the imposition of a minimum area of 7m² for the kitchen to be unreasonable.
38. However, we accept that the current layout of the kitchen poses safety risks, specifically with the four- ring hob being placed opposite the sink. The narrowness of the kitchen would lead to two individuals using the hob and sink having to stand back to back in such close proximity as to prevent the person using the hob from backing away should there be an incident at the hob. Further, this is the only access to the bathroom which is located at the end of the kitchen. We also note the Respondent authority’s concerns regarding the lack of 300mm workspace to the left -hand side of the hob, thus preventing an area to place pans or prepare food, although there is more than 300mm workspace to the right of the hob.
39. At the hearing, both Council officers accepted that a two- ring hob together with a microwave were acceptable in place of a four- ring hob.
40. We considered whether placing a work top and two -ring hob in the place of the fridge freezer would mitigate the risk. This had the advantage of relocating the hob so that it was not opposite the sink. In the new position, there was area behind the hob facing the back door into which an [NAME] could move if there was an incident at the hob. The swing of opening the back door would not interfere with a user of the hob. Anyone exiting the bathroom would have sufficient area in which to move to avoid anyone using the hob. Replacement of the worktop where the four- ring hob had been removed would provide additional food preparation area which could be optimized by placing a microwave on a shelf/bracket on the wall above. Placing the fridge freezer into the living/dining area would not reduce the minimum area required under the Guide, including that required as
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compensatory provision for the small ground floor bedroom. If additional worktop was provided as above, we do not consider that worktop of 300mm is required on both sides of hob as there is sufficient worktop space in total and there is also worktop to one side of the two ring hob where pans or utensils may be placed.
41. Both Mr [NAME] and Ms [NAME] agreed that the above arrangements would meet the Respondent authority’s requirements and that the Property would therefore be reasonably suitable for occupation by 3 [NAME]. The Applicant also agreed that the arrangements described were acceptable to him.
42. Condition 3 is varied as follows:
Provide kitchen facilities-up to 5 people
Delete ‘and IEE’. Add the following -
Cooking:
Delete the whole sentence and replace with –
Storage:
Delete the whole paragraph and replace with-
Worktop
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At the end of the paragraph insert-
Ventilation
Delete the paragraph and replace with –
Layout: Add at the end of the last sentence -
The condition as varied is set out in Appendix A for ease.
Appeal
43. If either party is dissatisfied with this decision, they may apply to this Tribunal for permission to appeal to the Upper Tribunal (Lands Chamber). Any such application must be received within 28 days after these written reasons have been sent to the parties and must state the grounds on which they intend to rely in the appeal.
…………………………
Judge [NAME]
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Appendix A
Discretionary Condition 3 as varied
Provide kitchen Facilities-up to 5 people
Provide within the property a kitchen of at least 5m² incorporating the kitchen facilities as set out below. The kitchen must be suitably located in relation to the living accommodation and of such layout and size and equipped with such facilities so as to adequately enable those sharing the facilities to safely store, prepare and cook food. All provided equipment must be fit for purpose and provided in sufficient quantity for the number of people sharing the facilities. All appliances should have an A+ energy efficiency rating. All work and materials must be in accordance with current Building Regulations. All electrical works must be compliant with the IEE Wiring Regulations (BS7671, 18th Edition). All works involving the addition or alteration of gas pipes must be carried out by a gas safe registered engineer.
Cooking: Provide a gas or electric cooker with a minimum two ring hob sunk and fixed into the worktop, oven and a grill and a microwave. [NAME] with the manufacturer’s operating instructions.
Storage: Provide a refrigerator (with a minimum capacity of 130 litres) and a freezer (with a minimum capacity of 60 litres) to be sited in the communal living area in such a position as to not pose a risk to [NAME]. Provide at least one food storage cupboard for each occupant in the property (base units shall be 500mm wide and wall units shall be 1000mm wide). The sink base cannot be used for food storage.
Worktop: Provide worktop of at least 1000mm long and 600mm deep, comprising a minimum of 300mm length adjacent to the sink bowl. The siting of the two ring hob must allow for the safe placement of pans and utensils to one side. A minimum of 600mm of worktop length should separate the sink bowl and any cooking appliance. In the area of the kitchen that was occupied by the fridge freezer, supply and fit a worktop that is impermeable, durable and easily cleansable and a tiled splash-back provided to a height of 150mm. All worktop shall be securely fixed to the wall using suitable bolts. Any joints in the worktop and the join of the worktop to the wall must be sealed with a waterproof sealant. In order to maximise the provision of worktop space, using suitable fixings supply and fit a shelf above the worksurface located on the right- hand side of the kitchen, butting up to the oven housing on which to place the microwave.
Ventilation: Provide mechanical ventilation ducted to the outside air providing a minimum ventilation rate of thirty (30) litres per second in relation to the two ring hob and a minimum ventilation rate of either thirty (30) litres per second if the fan is sited within a cooker hood above the hob, or sixty (60) litres if sited elsewhere within the kitchen.
Washing: Provide a stainless -steel sink and integral drainer set on a base unit with constant supplies of hot and cold running water. The drainer should be a minimum of 300mm length
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and drain into the sink bowl. The sink shall be properly connected to the drainage system. The cold water shall be direct from the mains supply. All relevant parts must be properly earth bonded in accordance with the IEE regulations. A minimum 300mm ceramic tiled splash back must be provided to all adjacent wall surfaces ensuring that joints are properly grouted.
Layout: The kitchen layout must ensure all appliances can be safely used as intended. For more information on safe kitchen layouts, please refer to [NAME]’s Room Size and Amenity Provision Standards available from www.[NAME].gov.uk/hmoinfo
The arrangement and location of new facilities must be agreed with the [NAME] before any work is commenced, barring the requirement to re-site the fridge freezer, replace and install new worktops, install a two ring hob, microwave and mechanical extraction as described above.
📊 How courts decide similar cases
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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 local authority's guide for HMOs did not account for the specific mode of occupation, which can affect the minimum kitchen size.
- The current kitchen layout posed safety risks due to the four-ring hob being opposite the sink and a lack of adequate workspace.
- Relocating the hob and replacing it with a two-ring hob and microwave would mitigate safety risks and provide sufficient workspace.
- The proposed arrangements for the kitchen were acceptable to both the council officers and the applicant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to vary the conditions of an HMO licence, reducing the minimum kitchen size and specifying new amenities.
Who was involved?
The decision involved a tenant and a local authority.
How did the court decide, and why?
The court decided to vary the licence conditions to comply with national standards and local guidelines.
Which laws or rules were applied?
The Housing Act 2004 was applied.
What was the argument that mattered most?
The argument that mattered most was the need to comply with national standards and local guidelines.
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 may also seek to vary their HMO licence conditions to comply with national standards and local guidelines.
What evidence or documents mattered?
Evidence and documents related to national standards and local guidelines mattered.
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 get advice from a qualified solicitor for a case like this.
