George Marigold & Ors v Robert Wells

George Marigold & Ors v Robert Wells

The First-tier Tribunal failed to consider or explain whether the landlord’s reasonable excuse persisted for the entire period of the alleged offence, amounting to an identifiable flaw in its reasoning or a failure to give adequate reasons. The appeal is allowed and the decision is set aside.

Parties
Appellant: Mr George Marigold; Appellant: Ms Kathryn Bryant; Appellant: Ms Saskia Hughes; Appellant: Ms Martha Richards; Appellant: Mr Charlie Williams; Respondent: Mr Robert Wells
Jurisdiction
England and Wales
Judgment Date
03 February 2023
Procedural Posture
Appeal / Upper Tribunal (lands Chamber) Appeal Against First Tier Tribunal Decision
Outcome
Appeal allowed; First-tier Tribunal decision set aside; matter remitted for further consideration.
Legal Topics
Rent Repayment Orders, HMO Licensing, Reasonable Excuse Defence, Tribunal Procedure
Housing Law Landlord and Tenant Law Rent Repayment Orders HMO Licensing Reasonable Excuse Defence Tribunal Procedure

Case Brief

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Parties

Mr George Marigold

Appellant

Ms Kathryn Bryant

Appellant

Ms Saskia Hughes

Appellant

Ms Martha Richards

Appellant

Mr Charlie Williams

Appellant

Mr Robert Wells

Respondent

Procedural Posture

Appeal / Upper Tribunal (lands Chamber) Appeal Against First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the landlord had a reasonable excuse for being in control of an unlicensed HMO for the relevant period under section 72(1) and (5) of the Housing Act 2004
  2. 2 Whether the First-tier Tribunal failed to consider if the reasonable excuse persisted for the entire period of the alleged offence

Ratio Decidendi

The First-tier Tribunal failed to consider or explain whether the landlord’s reasonable excuse persisted for the entire period of the alleged offence, amounting to an identifiable flaw in its reasoning or a failure to give adequate reasons. The appeal is allowed and the decision is set aside.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; matter remitted for further consideration.

Orders

  • Application remitted to the First-tier Tribunal for further consideration in accordance with the Upper Tribunal’s guidance.