Tenant Agrees to Provide Reports on Heating and Insulation
📌 In brief
The tenant agreed to provide reports on heating and cavity wall insulation to comply with improvement notices issued by the local authority. This agreement was made during a hearing at the First-tier Tribunal.
⚖️ Legal holding
A tenant is entitled to have their property meet certain health and safety standards as outlined by local authorities.
📖 Technical summary
The claimant agreed to provide reports on heating and cavity wall insulation by specified deadlines.
📜 Headnote Official document
The tenant agreed to provide a report from a suitably qualified heating engineer and a surveyor to assess the viability of cavity wall insulation, both by specified deadlines, to comply with improvement notices issued by the local authority.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT 2023
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/43UL/HIN/2022/0032
Property : 16 [ADDRESS] [POSTCODE] Applicants : [redacted] : Mr [COUNSEL] of Counsel Respondent : [redacted] Representative : Ms [COUNSEL] of Counsel
Type of Application : Appeal against Improvement Notice Tribunal : Judge F J Silverman MA [NAME]
of Consideration : 02 May 2023 Date of Decision : 02 May 2023
2
DECISION AND ORDER
1 The hearing of this matter took place before a Tribunal sitting in Havant on 02 May 2023 at which the Applicant was represented by Mr [COUNSEL] of Counsel and the Respondent by Ms [COUNSEL] of Counsel. 2 Following discussions the parties reached an agreement as set out in the schedule attached. 3 The Tribunal therefore makes an Order in the terms attached.
Judge F J Silverman as Chairman Date 02 May 2023
CASE: CHI/43UL/HIN/2022/0032 IN THE FIRST-TIER TRIBUNAL
RESIDENTIAL PROPERTY CHAMBER SITTING AT THE HAVANT JUSTICE CENTRE
IN THE MATTER OF NUMBER 16 THE STREET, WRECCLESHAM, FARMHAM, SURREY, [POSTCODE]
B E T W E E N :-
[APPELLANT]
APPLICANT
-v-
WAVERLEY BOROUGH COUNCIL RESPONDENT
______________________________
ORDER
_______________________________
ON THE 2ND MAY 2023 BEFORE TRIBUNAL JUDGE (
)
UPON HEARING FROM COUNSEL [NAME] FOR THE APPLICANT AND [NAME] FOR THE RESPONDENT COUNCIL
PREAMBLE:
A. By 2 June 2023, Mr [APPELLANT] will provide the Council with a report (“Heating Report”) from a suitably qualified “Gas Safe” heating engineer at his own cost, to provide a report on an affordable, thermostatically controlled heating system whether that is gas or electrical operated to maintain minimum internal temperatures of 21 degrees in the living room, 18 degrees in the bedroom and 22 degrees in the bathroom (when the external temperature is -1 degrees) with a view to carrying out those works before 2 September 2023.
B. By 2 June 2023, Mr [APPELLANT] will provide the Council with a report from a suitably qualified expert at his own cost (preferably from [NAME]) to survey the Property and assess the viability of cavity wall insulation.
IT IS ORDERED BY CONSENT THAT:
1. The appeal against the Section 12 Notice (Category 2 hazards) dated 1 November 2022 is withdrawn so that it takes effect immediately and the timeframe for compliance is one month, that being 2 June 2023.
2. The Section 11 Notice (Category 1 hazards) dated 1 November 2022 is varied so that compliance is required by 2 September 2023.
Dated this 2nd day of May 2023.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Grants £3,000 Water Ingress Repairs Dispensation in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £34,217 Premium for New Lease in London Flat
- First-tier Tribunal (Property Chamber) Tribunal sets £37,461.60 service charges for flats in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Appoints Property Manager for Poorly Maintained Buildin…
- First-tier Tribunal (Property Chamber) Tribunal Appoints Manager Due to Breach of Lease Obligations
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Premium for Collective Enfranchisement
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Lease Extension Premium
- First-tier Tribunal (Property Chamber) Tribunal allows dispensation for urgent water supply works in Croydon
- First-tier Tribunal (Property Chamber) Tenant Secures Property Manager Extension Until 2027
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Lease Premium Under the 1993 Act
- First-tier Tribunal (Property Chamber) Statutory Lease Extension Granted Where Landlord Cannot Be Found
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Consultation Requirements in Maidstone Fla…
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 parties reached an agreement on the issues presented to the tribunal.
- The appeal against the Section 12 Notice regarding Category 2 hazards was withdrawn.
- The Section 11 Notice concerning Category 1 hazards was modified to extend the compliance deadline.
- The tenant agreed to provide a report from a Gas Safe heating engineer by 2 June 2023.
- The tenant agreed to provide a report from an expert to assess the viability of cavity wall insulation by 2 June 2023.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The appeal against an improvement notice was allowed, setting specific deadlines for providing reports on a heating system and cavity wall insulation.
What was the dispute about?
The dispute was about the claimant's obligation to comply with an improvement notice, specifically regarding temperature requirements and cavity wall insulation.
How did the court decide, and why?
The court decided to allow the appeal, setting specific deadlines for compliance, to ensure the claimant meets the temperature requirements and safety standards.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the claimant's need to provide reports on a heating system and cavity wall insulation by specific deadlines.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, allowing the appeal and setting specific deadlines for compliance.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they meet the specific deadlines and requirements set by the improvement notice.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.