Licence Revoked After Property Ownership Change

OUTCOME: Dismissed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AN/HML/2019/0042 Property : Flat A (Basement and ground floor) at 277 [ADDRESS] [POSTCODE] Applicant : [redacted] :

Ms [COUNSEL] – Counsel

Respondent : [redacted] and Fulham Representative : [NAME] [COUNSEL] [NAME] - Counsel Interested party

Representative

Type of [NAME] :

[COMPANY]

[NAME] [COUNSEL] - Counsel

Appeal in respect of an HMO licence - Section 64 & Part 3 of Schedule 5 to the Housing Act 2004 Tribunal member(s) : Tribunal Judge [NAME] J F Barlow FRICS Date and venue of hearing : 29th January 2020 at 10 [ADDRESS] [POSTCODE] Date of decision : 29th January 2020

DECISION

2

Decisions of the tribunal The tribunal determines that, for the reasons set out below the licence granted on 20th June 2019 to [COMPANY] (the Licence) be revoked. The [NAME]

1. This [NAME] was an appeal by the applicant against the grant of the Licence by the Council. In detailed statements of case the grounds upon which the appeal was made were fully set out.

2. The respondent Council filed a bundle of papers indicating why it considered that the Licence should be granted. The interested party, [COMPANY] also filed papers seeking to support the grant of the Licence by the Council. Hearing 3. In addition to the papers provided by the parties we received skeleton arguments from Ms [APPELLANT] for the applicant and from [NAME] [APPELLANT] for the Council.

4. We undertook an initial review of the papers in the presence of all three parties. In so doing it became apparent that the ownership of the property at [ADDRESS] [POSTCODE] (the Property) had been transferred to [COMPANY] in August 2019, some two months or thereabouts after the Licence was granted to [COMPANY].

5. We raised with the representatives the provisions of s68(6) of the Housing Act 2004 (the Act) which states that a licence may not be transferred to another person. We had earlier been told by Counsel for the parties that the phrase “person” could include a limited company.

6. On raising this point, and after a short adjournment, we were told by [NAME] [NAME] that the Council’s position was that on the basis of the change of ownership, it was appropriate for us to revoke the Licence under the provisions of paragraph 34 of Schedule 5 part 3 of the Act, relying on s68(6). Ms [NAME] supported this position. 7. [NAME] [NAME] for the interested party asked us to consider the [NAME] before us on the merits and not be influenced by the provisions of s68(6).

3 Findings 8. It is a pity that the anomaly in this case had not been noticed before the hearing. However, it is clear that the licence was granted on 20th June 2019 and the transfer of the Property to [COMPANY] is recorded at HM Land Registry on 23rd August 2019.

9. We find that the provision of s68(6) of the Act applies. It is not possible to transfer the Licence to another person. It was suggested that the provisions of s64 (2) may assist but it seems to us that it cannot as it refers to the grant of a licence and is subject to the provisions of s64(3) being complied with, which is clearly not the case.

10. In these circumstances we find that we have no alternative, in the absence of the Council confirming revocation at the hearing, but to revoke the Licence under the provisions open to us at paragraph 34 of Schedule 5 part 3 of the Act and by reason of the provisions at s68(6) of the Act.

Name: Tribunal Judge Dutton Date: 29th January 2020

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case

4 number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).