Hussain (Nasim) v Waltham Forest London Borough Council

Subject Matter

HOUSING — Licence holder — Fit and proper person — Appeal against refusal of license for Part 3 House — Whether proposed landlord was fit and proper person — Housing Act 2004, Pts 2 and 3

[2022] UKUT 241 (LC); [2023] HLR 1, UT

HOUSING — Private rented sector — Licensing of houses — Local housing authority revoking or refusing to grant housing licences on grounds licence holders not fit and proper persons — Proper approach to appeal against authority’s decisions — Whether First-tier Tribunal to determine appeal as at date of authority’s decision — Whether First-tier Tribunal entitled to consider material of which authority unaware — Housing Act 2004 (c 34), Sch 5, para 34

[2023] EWCA Civ 733; [2024] KB 154; [2024] 2 WLR 24; [2023] WLR(D) 278, CA

Appellate History

Commentary

Local Government Lawyer
Council succeeds in part over whether landlords were “fit and proper” Case comment

Appeals against Housing Act 2004 decisions as a "rehearing" Case comment