Cavendish Lettings Limited v Nottingham City Council
[2023] UKFTT 850 (GRC)
Ali Shan v Nottingham City Council
8 August 2024
[2024] UKFTT 780 (GRC)
First-tier Tribunal
A landlord was fined £1200 for not fixing his rental property's poor energy efficiency. He claimed he never got the official notice to fix it. The court said the notice was properly sent and that even though he's old and disabled, he still had to follow the rules. The fine stood.
Key Facts
- •Ali Shan appealed a £1200 penalty notice (PN) from Nottingham City Council for non-compliance with a compliance notice (CN) under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
- •The CN required Mr. Shan to provide information and documentation regarding energy efficiency improvements to his property by March 3, 2023.
- •Mr. Shan claimed he did not receive the CN, citing mail delivery issues.
- •The council argued that the CN was properly served and that Mr. Shan's failure to comply justified the PN.
- •Mr. Shan argued that he had undertaken significant energy efficiency improvements, exceeding the required expenditure.
- •The Tribunal considered Mr. Shan's age, disabilities, and the chronology of events.
Legal Principles
Presumption of service by post: If a document is properly addressed, prepaid, and posted, it is presumed to have been served, unless proven otherwise.
Section 7, Interpretation Act 1978
Landlord's obligation to comply with a CN: Landlords must comply with compliance notices issued under the Energy Efficiency Regulations.
Regulation 37(4)(a), Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015
Grounds for appeal against a PN: An appeal against a PN can be made on grounds of error of fact or law, non-compliance with regulations, or inappropriateness of the PN.
Regulation 43, Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015
Service of documents by local authorities: Service can be effected by delivery, post to the last known address, or leaving at the last known address.
Section 233, Local Government Act 1972
Burden of proof: It is the appellant's responsibility to provide evidence that they did not receive the CN.
Naujokas v Fenland DC [2023] UKUT 190 (LC)
Outcomes
Appeal dismissed; PN affirmed.
The Tribunal found that the CN was properly served, Mr. Shan failed to comply, and there were no mitigating factors to reduce the penalty.