London Borough of Islington v The Unite Group Plc [2013] EWHC 508 (Admin) (22 March 2013)

London Borough of Islington v The Unite Group Plc [2013] EWHC 508 (Admin) (22 March 2013)

The HMO must itself comprise three or more storeys for mandatory licensing to apply; the calculation does not include other residential storeys in the building that are not part of the HMO. Article 3(3) supplements but does not override Article 3(2). The Order was not intended to apply to self-contained flats in purpose-built blocks unless the flat itself spans three or more storeys or is above/below business premises as specified.

Citation
[2013] EWHC 508 (Admin)
Parties
Claimant: London Borough of Islington; Defendant: The Unite Group PLC
Jurisdiction
England and Wales
Judgment Date
22 March 2013
Procedural Posture
Judicial Review / Declaratory Relief / High Court Judgment
Outcome
Claim dismissed; declaration granted to defendant.
Legal Topics
Licensing of Houses in Multiple Occupation (hmo), Interpretation of Statutory Instruments, Housing Act 2004, Licensing of Houses in Multiple Occupation (prescribed Description) (england) Order 2006
Housing Law Administrative Law Licensing of Houses in Multiple Occupation (hmo) Interpretation of Statutory Instruments Housing Act 2004 Licensing of Houses in Multiple Occupation (prescribed Description) (england) Order 2006

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

London Borough of Islington

Claimant

The Unite Group PLC

Defendant

Procedural Posture

Judicial Review / Declaratory Relief / High Court Judgment

Legal Issues

  1. 1 Whether cluster flats in Charles Morton Court require a licence under Part 2 of the Housing Act 2004 and the 2006 Order
  2. 2 Interpretation of 'three storeys or more' in Article 3 of the 2006 Order

Ratio Decidendi

The HMO must itself comprise three or more storeys for mandatory licensing to apply; the calculation does not include other residential storeys in the building that are not part of the HMO. Article 3(3) supplements but does not override Article 3(2). The Order was not intended to apply to self-contained flats in purpose-built blocks unless the flat itself spans three or more storeys or is above/below business premises as specified.

Court Disposition

Claim dismissed; declaration granted to defendant.

Orders

  • Claimant's application for declaratory relief is dismissed.
  • Declaration granted in favour of the defendant that the cluster flats at Charles Morton Court are not subject to mandatory HMO licensing under the 2006 Order.