Park Green Investments Limited v Teignbridge District Council
[2023] UKUT 292 (LC)
Naila Tabassam v Manchester City Council
10 April 2024
[2024] UKUT 93 (LC)
Upper Tribunal
A landlord didn't fix problems at her rental property after getting a notice, because she never received the notice due to an outdated address. The court decided that she had a reasonable excuse because she wasn't deliberately avoiding the notice. The large fine was cancelled.
Key Facts
- •Landlord (Mrs. Tabassam) failed to comply with an improvement notice.
- •Improvement notice was sent to outdated addresses.
- •Landlord claimed reasonable excuse due to non-receipt of notice.
- •FTT found landlord guilty, imposing a £15,000 penalty.
- •Landlord appealed to the Upper Tribunal (Lands Chamber).
Legal Principles
Service of Improvement Notices and related documents under the Local Government Act 1972, section 233.
Local Government Act 1972, section 233
Reasonable excuse as a defence to non-compliance with an Improvement Notice under Housing Act 2004, section 30(5).
Housing Act 2004, section 30(5)
The FTT's obligation to give special regard to the local housing authority's enforcement policy, but not being bound by it.
London Borough of Waltham Forest v Marshall [2020] UKUT 35 (LC)
A landlord's responsibility to keep their address for service at HM Land Registry up-to-date.
Oldham Metropolitan Borough Council v Tanna [2017] EWCA Civ 50
Whether ignorance of a legal requirement constitutes a reasonable excuse.
Perrin v HMRC [2018] UKUT 156 (TCC)
Outcomes
Appeal successful.
The Upper Tribunal found that the landlord had a reasonable excuse for non-compliance due to non-receipt of the notice, despite the notice being technically correctly served. The Tribunal considered the landlord's failure to update her address was not deliberate evasion and that imposing a penalty was exceptionally harsh.
FTT decision set aside.
The Upper Tribunal substituted the FTT's decision, finding no offence was committed and no financial penalty was payable.