England and Wales Case Law

Housing 35 Plus Limited v Nottingham City Council

The rules of Housing 35 Plus Limited do not require that all management decisions are made by members in general meeting; the management committee is empowered to make such decisions. Therefore, the statutory exemption under schedule 14, paragraph 2B(2)(b) of the Housing Act 2004 does not apply, and the properties require licensing as HMOs.

Source excerpt

• Licensing of hmos
• Co-operative societies
• Statutory exemptions
• Management decisions

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Nottingham City Council v Housing 35 Plus Limited

The Upper Tribunal held that Housing 35 Plus Limited’s rules did not satisfy the Schedule 14 exemption, so the properties remained HMOs and the appeal succeeded.

• Hmo licensing
• Co-operative societies
• Statutory interpretation
• Financial penalties
• Hmo-licensing
• Statutory-interpretation

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