February 22, 2018 | less than a minute read

Landlords Successfully Challenge Council Conditions

Maples Teesdale

In the case of Paul Brown v Hynburn Borough Council [2018], the Court of Appeal held that the Council could not lawfully in the circumstances require landlords to maintain a carbon monoxide detector and a valid Electrical Installation Condition Report using their powers under Part 3 of the Housing Act 2004. Time will tell whether this will lead to further challenges to conditions imposed by Councils in similar circumstances.

Landlords win test case over local authority licenses By James Lumley21/02/2018PrintDownloadShare London’s Court of Appeal today ruled in favour of landlords in a dispute over the conditions local authorities can impose on them before their properties can be inhabited. The three judge panel ruled that Hyndburn Borough Council was wrong to require landlords to provide and maintain a carbon monoxide detector and a valid Electoral Installation Condition report (EICR). Requiring the installation and maintenance of a carbon monoxide detector and EICR is “unlawful” in this circumstance because “it seeks to regulate the condition or contents of a house,” the court ruled.