Landlords are less likely to win their appeal against an improvement notice following an Upper Tribunal ruling.
Manaquel Company Ltd had been told by Lambeth Council in October 2021 to address a number of category 1 and 2 hazards in flats at Dorchester Court in Herne Hill, which it started to do.
The landlord managed to get the notice quashed by a First Tier Property Tribunal in November 2023 and then applied for £145,000 costs, which was rejected in May 2024.
The Upper Tribunal has now also rejected its appeal against these costs.
NRLA policy officer Dan Cumming explains that until now, the understanding was that when appealing an improvement notice, the condition of the property at the appeal hearing date would be the deciding factor.
As a result, landlords could file the appeal, complete remedial works to address the hazards while the appeal was pending, have the property assessed in its improved condition at the hearing - and probably have the notice quashed due to these improvements.
“However, the Upper Tribunal found that this was not the correct legal test,” Cumming explained.
He added that the judge used case law to rule that the proper approach for the tribunal was to examine whether the local authority’s original decision and handling of the improvement notice was correct - not to completely rehear the matter and potentially quash the notice based on the condition of the property on the date of appeal.
“For most landlords, this change is unlikely to make a difference, as they provide good quality homes that should never receive an improvement notice,” Cumming said.
“Landlords should continue to conduct regular property inspections and ensure their properties remain free from hazards to ensure this continues.
“For those that do receive an improvement notice though, the decision does make a successful appeal less likely. Successful appeals will now be limited to occasions where the local authority made an error at the point the notice was served.”
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