Landlord wins ‘rare’ legal victory over council’s huge fine
A Cornish landlord has won his appeal against HMO licence penalty by disputing the number of people living at the property.
Landlord Richard O’Halloran has won a ‘rare’ legal battle with Cornwall Council over the ‘incorrect’ classification of his rental property as an HMO and the £15,000 licence penalty he received for not licensing it.
The case was won on appeal at a hearing at the Upper Tribunal and centred around whether or not there were five people living in the property.
According to the court records, the five-bedroom property at 22 Trevail Way, St Austell (pictured) has a shared kitchen and bathrooms and none of the ‘alleged’ five tenants are part of the same household.
In October 2022 landlord O’Halloran was served with a £15,000 civil penalty for failing to have a licence.
Defence rejected
At a First-tier Tribunal hearing, O’Halloran disputed that there were five tenants at the property, claiming there were only four and that the alleged fifth tenant did not permanently reside there.
The Tribunal, however, rejected his defence but reduced the penalty to £7,500.
O’Halloran immediately lodged an appeal on the grounds that it was not clear what evidence, if any, there was about the fifth occupant, Doris, who was neither seen nor interviewed by Cornwall officers.
The Tribunal will only rarely interfere with a finding of fact made by the FTT.”
The only evidence of her occupation was supplied by Cornwall housing officer Amanda Evans, who had been told about her by other tenants but when she knocked on her door, there was no answer, nor did officers see her on any subsequent visits.
Judge Cooke found in O’Halloran’s favour, saying: “The Tribunal will only rarely interfere with a finding of fact made by the FTT (First Tribunal) because the FTT is best placed to assess the evidence it saw and heard and then to make findings of fact.
“But in the present case, the problem is the absence of evidence. I take the view that the finding that Doris…. occupied the property as her only or main residence on 7 July 2022 could not be justified on the evidence before the FTT, and it is therefore set aside.”
Read full details of case.
Read more about HMO fines.
