Nottingham City Council vs Housing 35 Plus Limited
[2024] UKUT 349 (LC)Appeal concerning the licensing requirements for houses in multiple occupation under the Housing Act 2004.

Affected practitioners:
Housing Law Practitioners Property Lawyers Local Government Legal Advisors Co-operative Housing ManagersThis case involved an appeal by Nottingham City Council against a decision of the First-tier Tribunal, which found that two properties managed by Housing 35 Plus Limited did not require an HMO licence under the Housing Act 2004.
TLDR:
- Nottingham City Council appealed a decision exempting two properties from HMO licensing.
- The properties were managed by a co-operative society, Housing 35 Plus Limited.
- The Tribunal had to interpret the requirements of paragraph 2B of Schedule 14 to the Housing Act 2004.
- The appeal succeeded, finding the properties were indeed HMOs.
The appellant, Nottingham City Council, issued financial penalties to Housing 35 Plus Limited for managing properties without the required HMO licences. The respondent argued that the properties were exempt under Schedule 14 of the Housing Act 2004, as they were managed by a co-operative society.
The First-tier Tribunal had ruled in favor of Housing 35 Plus Limited, stating that their rules met the conditions of paragraph 2B, thus exempting the properties from HMO licensing.
On appeal, the Upper Tribunal examined whether all management decisions of the society were indeed made by the members at a general meeting, as required by the Act.
The Tribunal found that the rules of Housing 35 Plus Limited did not secure that all management decisions were made by the members, as the management committee had significant decision-making powers.
Consequently, the appeal was allowed, determining that the properties were HMOs and subject to licensing requirements, and the matter was remitted to the First-tier Tribunal for further consideration.
Legal representatives: Mr. Andrew Lane for Nottingham City Council, Mr. Jonathan Manning for Housing 35 Plus Limited.
Judicial Panel: Upper Tribunal Judge Elizabeth Cooke
Case Citation Reference: [2024] UKUT 349 (LC)
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