If you operate 5 flats in a block do you need 5 selective licences or just 1 under part 3 of the Housing Act 2004?

Reading Terms Of Contract 2021 09 24 03 00 51 Utc

The Upper Tribunal (Lands Chamber) was yesterday (5th June 2022) to hear the landlord's appeal in the case of Northumberland Mews Ltd v Thanet District Council where the council had imposed 5 civil penalties on the landlord for not licensing 5 flats that they operated in a block of flats as required by the council's selective licensing scheme.

In the First Tier Tribunal the council's imposition of 5 penalties was upheld but the landlord appealed stating that the whole of the block (comprising 22 flats) was the only "part 3 house" capable of being subject to the requirement for a selective licence in order to be operated as a rental property. If this was the case then the landlord would only have committed 1 offence and not 5.

The Upper Tribunal appeal hearing was listed for 5th July but the decision is not yet published, however, the First Tier Tribunal decision can be read in full here and we will provide an update on the outcome of the current appeal when we have it.

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