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Residential tenancies.

The editor of this section of the site is Harriet Holmes barrister of Tanfield Chambers (www.tanfieldchambers.co.uk)

There are two cases this month:
  • An HMO licence condition was upheld to the effect that a bedroom could only be used by a student for a maximum period of 10 calendar months over one year.
  • Sufficient notice of proceedings under CPR 83.13 had been given where a landlord had written to the tenant before making an application for a writ of possession.

Houses in multiple occupation

Licence condition

Nottingham City Council v Parr
[2017] EWCA Civ 188

Summary

The Court of Appeal upheld a licence condition to the effect that an attic room could only be used as sleeping accommodation by a student for a maximum period of 10 calendar months over a period of one year. The Court held that it was not unlawful to impose a licence condition effectively restricting the occupation of a house in multiple occupation to full-time students.

Facts

A landlord (L) provided accommodation in shared houses to students. L applied to the local authority for licences under Pt 2 Housing Act 2004 for two houses. In both houses there were bedrooms in converted attics.

The authority’s policy was for a minimum bedroom size. In the houses, the attic room of each was below the limit. The authority granted licences for both houses, permitting each to be used by not more than five persons. Each licence contained a condition prohibiting use of the attic rooms as bedrooms unless adapted so as to provide a useable floor space of the necessary size. One of the licences also allowed the attic to be used as a bedroom if let with the exclusive use of another room.

The landlord appealed these conditions successfully in the FTT. In each case, the tribunal found that, as the house was to be let to groups of students who would be living “cohesively”, the attic room could be used as a bedroom because of the amount of shared space in the house. In one case, the tribunal substituted its own condition to the effect that the attic room could only be used as sleeping ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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