Local Authority Fails to Revoke HMO Declaration, Appeal Allowed
📌 In brief
The First-tier Tribunal ruled that a local authority must revoke an HMO declaration within 21 days if it agrees to withdraw the notice. In this case, the council failed to do so, leading to the appeal's success and the revocation of the HMO declaration.
⚖️ Legal holding
A local authority must revoke an HMO declaration within 21 days if it agrees to withdraw the notice.
📖 What the law says
A local housing authority can revoke an HMO declaration at any time if they believe that the conditions for making the declaration no longer apply to the building or part of the building. They can do this either upon request from a relevant person or on their own initiative.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The council failed to revoke an HMO declaration as required by law, leading to the appeal's allowance and the declaration's revocation.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) allowed an appeal against a council's failure to revoke an HMO declaration as required by law, resulting in the revocation of the declaration and a refund of the applicant's tribunal fees.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AZ/HMD/2019/0006 Property : 22 [ADDRESS] [POSTCODE] Applicant : [redacted] : In person Respondent : [redacted] Representative : In house Type of application : Appeal in respect of an HMO Declaration – Section 255(9) of the Housing Act 2004 Tribunal member : Judge Robert Latham Sue Coughlin MCIEH Date and Venue of Hearing : 19 June 2019 at 10 [ADDRESS] [POSTCODE] Date of decision : 28 June 2019
DECISION
Background 1. On 14 March 2019, the tribunal received an appeal by the applicant against a Notice of HMO Declaration dated 18 February 2019, served by the respondent council under section 255 of the Housing Act 2004.
2. On 19 March 2019, the tribunal gave Directions. The council took no part in the application until 12 June, when it informed the tribunal that it intended to withdraw the Notice. The council has not revoked the notice as required by section 256 of the Act.
2 3. On 18 June, the applicant stated that she wished to withdraw her appeal in the light of the decision of the council to withdraw the notice. On 19 June, she applied for a refund of the tribunal fees of £300 which she has paid. The tribunal’s decision 4. The tribunal determines that: (i) the appeal is allowed and that the decision of the council is reversed; (ii) the HMO Declaration is revoked; and (iii) the council shall within 21 days refund £300 to the applicant for the tribunal fees paid in respect of the appeal. Reasons for the decision 5. The council has agreed to withdraw the HMO Declaration. However, the council has not revoked the notice as required section 256 of the Act. The Tribunal therefore (i) allows the appeal; (ii) reverses the decision of the council; and (iii) revokes the HMO Declaration pursuant to section 255(11) of the Act.
6. In the light of the above decisions, it appears reasonable to us to order the council to reimburse the £300 fees paid by the applicant, pursuant to our powers under rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. The council should have conceded the appeal at an earlier stage of the proceedings.
Judge Robert Latham 28 June 2019
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 application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28 day time limit, such application must include a request for an extension of time and the reason for not
3 complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application 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 number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).
📊 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 council agreed to withdraw the HMO Declaration as requested.
- The applicant had paid £300 in tribunal fees which should be refunded.
❌ Tends to be rejected
- The council failed to revoke the notice within 21 days as required by law.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided that the council must revoke an HMO declaration within 21 days if it agrees to withdraw the notice.
Who was involved?
The case involved a tenant and a local council.
How did the court decide, and why?
The court decided that the council had failed to comply with the law by not revoking the HMO declaration within the required timeframe.
Which laws or rules were applied?
The Housing Act 2004 sections 255 and 256, and the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 rule 13 were applied.
What was the argument that mattered most?
The argument that mattered most was that the council had agreed to withdraw the HMO declaration but failed to revoke it as required by law.
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 should ensure that their local authority complies with the law regarding HMO declarations.
What evidence or documents mattered?
The evidence that mattered included the agreement by the council to withdraw the notice and the failure to revoke the declaration within the required timeframe.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber).
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 legal matters.