The Court of Appeal has given permission for an Ealing landlord to challenge a Brentford County Court preliminary ruling made in September 2002. The county court held that Ealing London Borough Council were entitled to designate the claimant’s property as a house in multiple occupation pursuant to section 345 of the Housing Act 1985.
In the early 1990s, landlord Barrie Stanley’s property, a large, early Victorian, semi-detached house in Mount Avenue, was converted into 11 self-contained flats. Nine of the flats were accessed via the internal hallway of the main part of the building.
Oliver Hyams, counsel for the appellant, argued that section 345 referred only to dwellings that were undivided internally, and maintained that it could not apply to separate units with separate entrances.
Aldous LJ held that there was an arguable case to be put before the Court of Appeal.
Stanley v Ealing London Borough Council Court of Appeal (Aldous and Judge LJJ) 25 February 2003.
Oliver Hyams (instructed by Robert Muckle, of Newcastle-upon-Tyne) appeared for the appellant; the respondent did not appear and was not represented.
References: PLS News 26/2/03
