Palmview Estates Limited v Thurrock Council

Palmview Estates Limited v Thurrock Council

The First-tier Tribunal erred in law by focusing on whether there was a reasonable excuse for not applying for an HMO licence, rather than whether there was a reasonable excuse for managing or controlling an HMO without a licence. The reasonable excuse defence under section 72(5) must relate to the prohibited activity (managing or controlling without a licence), not merely to the application process. The Upper Tribunal was correct to set aside the FTT's decision and remit the matter for rehearing.

Parties
Appellant: Palmview Estates Limited; Respondent: Thurrock Council
Jurisdiction
England and Wales
Judgment Date
09 December 2021
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Houses in Multiple Occupation (hmo) Licensing, Statutory Interpretation, Reasonable Excuse Defence, Strict Liability Offences
Housing Law Administrative Law Houses in Multiple Occupation (hmo) Licensing Statutory Interpretation Reasonable Excuse Defence Strict Liability Offences

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Parties

Palmview Estates Limited

Appellant

Thurrock Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 What is the proper construction and application of the 'reasonable excuse' defence under section 72(5) of the Housing Act 2004?
  2. 2 Did the First-tier Tribunal (FTT) err in law by focusing on the failure to apply for a licence rather than the act of managing or controlling an HMO without a licence?

Ratio Decidendi

The First-tier Tribunal erred in law by focusing on whether there was a reasonable excuse for not applying for an HMO licence, rather than whether there was a reasonable excuse for managing or controlling an HMO without a licence. The reasonable excuse defence under section 72(5) must relate to the prohibited activity (managing or controlling without a licence), not merely to the application process. The Upper Tribunal was correct to set aside the FTT's decision and remit the matter for rehearing.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Upper Tribunal to set aside the FTT's decision and remit the matter for rehearing is upheld.