Court of Appeal
Palmview Estates Ltd v Thurrock Council
[2021] EWCA Civ 1871
2021 Nov 24;
Dec 9
King, Asplin, Elisabeth Laing LJJ
HousingMultiple occupationLicenceLandlord controlling and managing house in multiple occupation without applying for licenceLocal authority serving notice of intent to impose a financial penalty on the landlord for failure to obtain required licenceLandlord seeking to rely on indication from local authority that any licence application would be rejected pending resolution of planning application as justifying failure to apply for licenceFirst-tier Tribunal concluding landlord having “reasonable excuse” for failing to apply for licenceWhether tribunal applying correct test to statutory defence of reasonable excuseWhether landlord having “reasonable excuse” for failure to obtain licence Housing Act 2004 (c 34), s 72(5)

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