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Notice of intention to impose financial penalty not ideal but not invalid (Waltham Forest LBC v Younnis)

Published on: 28 November 2019
Published by: LexisPSL
  • Notice of intention to impose financial penalty not ideal but not invalid (Waltham Forest LBC v Younnis)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Local Government analysis: The Upper Tier Tribunal (UTT) has allowed an appeal by Waltham Forest London Borough Council against the decision of the First-tier Tribunal (Property Chamber) (FTT) cancelling a financial penalty of £20,000 against Mr Younnis for a housing offence under section 249A, Housing Act 2004. The FTT had found that the notice of intent to impose a financial penalty did not provide sufficient details of the housing offence complained about. However the UTT held that in the absence of a statutory form or prescribed guidance for such notices, provided that the notice explains why a penalty is proposed, that will be sufficient. A recommendation was made that the use of a concise statement of facts said to amount to the offence is used in future. or take a trial to read the full analysis.

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