Park Green Investments Limited v Teignbridge District Council
[2023] UKUT 292 (LC)
Craig Redmond v Cherwell District Council
30 May 2024
[2024] UKFTT 444 (GRC)
First-tier Tribunal
A landlord was fined £5,000 for missing smoke alarms, but said his tenants broke them. A judge agreed the landlord should have had alarms but said £5,000 was too much, cutting it down to £2,500 because the landlord wasn't a repeat offender and the tenants were to blame.
Key Facts
- •Craig Redmond, a landlord, failed to maintain smoke and carbon monoxide alarms at 27 Ferriston, Banbury.
- •Cherwell District Council issued a Remedial Notice, then a Penalty Notice for £5000.
- •Redmond appealed, claiming tenant damage caused the absence of alarms.
- •Council's policy uses a matrix considering culpability and harm to determine penalty levels.
- •Tribunal considered evidence of recent alarm presence and tenant damage.
Legal Principles
Landlords have a duty to install and maintain smoke and carbon monoxide alarms under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
Smoke and Carbon Monoxide Alarm (England) Regulations 2015
Local housing authorities can issue Remedial Notices and Penalty Notices for non-compliance.
Smoke and Carbon Monoxide Alarm (England) Regulations 2015
Appeals against Penalty Notices can be made on grounds of error of fact, error of law, unreasonable amount, or unreasonable action.
Smoke and Carbon Monoxide Alarm (England) Regulations 2015
Tribunals must accord ‘great respect’ and ‘considerable weight’ to any public authority’s policy on financial penalties.
Waltham Forest LBC v Marshall and Ustek [2020] UKUT 0035
Outcomes
Appeal allowed; penalty reduced to £2,500.
The Tribunal found the initial £5,000 penalty unreasonable given the evidence suggesting tenant damage, a relatively short period of non-compliance, and the absence of evidence of repeat offenses. The Council's policy was not applied fairly.