Jeremy Barton successfully appeals the finding of a local County Council against a property manager

The decision at the heart of this appeal was by a local council against a property manager whom the Council had decided was not a fit and proper person to hold licences to manage a large number of properties under the selective licensing scheme for that area.

The case against the appellant arose initially from a conviction under s34 of The Environmental Protection Act which In part then led to the original decision by the Council to revoke licences under the selective licensing scheme.

The Appeal which was heard at the Upper Tier Tribunal (Property Chamber) reversed the decision of the Council and as a result all existing licences were ordered to be reinstated with immediate effect.

The case touched on various areas of law, in particular the decision in the case of Brown v Hyndburn Borough Council 2018 1 WLR 4518 concerning the legality and enforceability of licensing conditions imposed by councils within the actual licences themselves.

Anyone who has been affected by a council decision to revoke licences of this nature should scrutinise the decision and how it was made and in particular whether the licensing conditions breached were ever lawful in the first place.

Authors

Jeremy Barton

Call 2004

Related areas

Civil

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