The council appealed against rejection of its complaint that the defendant had used their maisonette as a house in in multiple occupation without first obtaining the licence required. The parties had disputed whether two maisonettes amounted to more than three floors for the purposes of the legislation, given the complicated layout of the particular house and its entrance.
Held: The appeal was dismissed. The Council’s proposed interpretation interpretation of the Order would stretch its meaning. The court had on the one hand to bear in mind the need to to impose a criminal penalty where legislation was ambiguous and on the other hand that the legislation addressed a serious public safety issue.
Burnett J said: ‘ It is clear that there is no intention to include a mezzanine floor if it is used solely as a means of access between adjoining floors. Mezzanine floors often achieve more than that. In many houses a mezzanine floor has one or more rooms, a bathroom, cloakroom or small bedroom, perhaps. If the result were that the mezzanine floor was used wholly or mainly as living accommodation, it would fall into account. Similarly, if the mezzanine floor was used in connection with and as an integral part of the HMO. However, article 3(3)(e) is structured in a way which would allow a mezzanine floor not to be used solely as a means of access between floors, but nonetheless not to count as a story for the purposes of the legislation. It does not count a mezzanine as a storey which is used as access and also for some other purpose falling short of use wholly or mainly as living accommodation, or use in connection with and as an integral part of the HMO.’ and
‘On any reading of sub-paragraph (f) the lobby and landing associated with the private staircase from the ground floor to the upper maisonette at 12, John Street do not count as ‘storeys’. ‘
Judges:
Burnett J
Citations:
[2014] EWHC 869 (Admin)
Links:
Statutes:
Housing Act 2004 55, Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
Jurisdiction:
England and Wales
Citing:
Cited – London Borough of Islington v The Unite Group Plc Admn 22-Mar-2013
The Council sought a declaration that certain accomodation provided by the defendant constituted housing in multiple accomodation (HMO), and that it therefore required a licence from the Council under the 2004 Act. There were two storeys of business . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 06 February 2022; Ref: scu.523301