- Housing Act 2004 financial penalties and the approach for tribunals to take on appeal (London Borough of Waltham Forest v Marshall and Ustek)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: Two cases before the Upper Tribunal regarding financial penalties imposed on landlords for operating unlicensed rental property in breach of Housing Act 2004 requirements. In each case the landlord had been fined in accordance with the local authority's financial penalty policy. Both exercised a right of appeal to the First Tier Tribunal and the FTT had in each case upheld the penalty but heavily reduced the fine. The Upper Tribunal addresses how far the FTT is entitled to depart from the policy of the local housing authority (LHA) and what weight should properly be given to the original decision. Written by Kevin Long, solicitor at Hackney Community Law Centre.
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