Penelope Beckett v Wyre Forest District Council
[2024] UKFTT 726 (GRC)
William Beckett v Wyre Forest District Council
8 July 2024
[2024] UKFTT 725 (GRC)
First-tier Tribunal
A landlord was fined for not making his rental properties energy efficient enough. He said he was busy and the pandemic made things hard, but the court said he should have done it anyway and upheld the fines.
Key Facts
- •William Beckett and Mrs. Beckett were joint landlords of two properties (Property 1 and Property 2).
- •Both properties had EPC ratings below the minimum standard required after April 1, 2020.
- •The Wyre Forest District Council issued Penalty Notices (PNs) for non-compliance with Compliance Notices (CNs) and for letting properties with sub-standard EPCs.
- •Beckett appealed the PNs, citing various mitigating circumstances including the pandemic and family responsibilities.
- •The appeals were heard on the papers.
- •No tenancy agreements were provided to the Tribunal.
Legal Principles
Compliance with the Energy Efficiency (Private Rented Property)(England and Wales) Regulations.
The Energy Efficiency (Private Rented Property)(England and Wales) Regulations
Landlords' responsibility to comply with regulations regarding EPCs for rented properties.
Energy Act 2011, section 42(1)(a)
The Tribunal's power to determine appeals on the papers.
Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009, rule 32
Outcomes
Appeals dismissed.
The Appellant failed to comply with CNs and the Regulations. Mitigating circumstances, such as the pandemic and family pressures, were deemed insufficient to excuse non-compliance. The Appellant's lack of evidence regarding tenancy agreements and lack of proactive steps to comply with regulations prior to enforcement weighed heavily in the decision.
PNs affirmed.
Breaches of regulations were established. The Council's actions were deemed appropriate given the lack of compliance by the appellant.
Financial Penalties imposed.
Varying amounts of financial penalties were levied, depending on the specific breaches. Despite some mitigating factors, the Tribunal found no reason to reduce the already reduced penalties further.