London Borough of Islington v The Unite Group Plc

London Borough of Islington v The Unite Group Plc

The HMO must itself comprise three storeys or more for mandatory licensing to apply; Article 3(3) supplements but does not override Article 3(2), and does not bring self-contained cluster flats on single storeys within the licensing regime.

Parties
Claimant: London Borough of Islington; Defendant: The Unite Group PLC
Jurisdiction
England and Wales
Judgment Date
22 March 2013
Procedural Posture
Application for Declaratory Relief / Judgment
Outcome
application dismissed
Legal Topics
Licensing of Houses in Multiple Occupation, Interpretation of Statutory Instruments, Mandatory Licensing Criteria, Exemptions for Student Housing
Housing Law Administrative Law Licensing of Houses in Multiple Occupation Interpretation of Statutory Instruments Mandatory Licensing Criteria Exemptions for Student Housing

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Parties

London Borough of Islington

Claimant

The Unite Group PLC

Defendant

Procedural Posture

Application for Declaratory Relief / Judgment

Legal Issues

  1. 1 Whether cluster flats in Charles Morton Court require a licence under Part 2 of the Housing Act 2004
  2. 2 Interpretation of Article 3 of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2006

Ratio Decidendi

The HMO must itself comprise three storeys or more for mandatory licensing to apply; Article 3(3) supplements but does not override Article 3(2), and does not bring self-contained cluster flats on single storeys within the licensing regime.

Court Disposition

application dismissed

Orders

  • Declaration granted in favour of the defendant that cluster flats in Charles Morton Court are not subject to mandatory licensing under the Housing Act 2004