First-tier Tribunal (Property Chamber) judgments from 2023

200 judgments from the First-tier Tribunal (Property Chamber) in 2023, page 7 of 10.

1st and 2nd Floor Flat, 1 Marriott Road, London, N4 3QN - Ref: LON/00AU/F77/2023/0251LON/00AU/F77/2023/0251 · 2023
Flat 1 , 125 Packington Street.LON/00AU/HMF/2022/0198 · 2023
Flat 1 & Flat 6, 36 Upper Street , London, N1 OPNLON/00AU/HMF/2022/0229 · 2023
Flat 8, 29-31 Dingley Place London, EC1V 8BRLON/00AU/HMF/2022/0257 · 2023
28 Thornhill Bridge Wharf, Caledonian Road, London, N1 0RULON/00AU/HMF/2022/0278 · 2023
Flat 1 and 2, 161 Hornsey Road, London N7 6DULON/00AU/HMF/2022/0288 · 2023
10 Tompion House, Percival Street, London EC1V 0HULON/00AU/HTD/2023/0002 · 2023
Knights Court, 4-6 St Johns Place, London EC1M 4NPLON/00AU/LDC/2022/0168 · 2023
250 City Road, London EC1V 2ABLON/00AU/LDC/2022/0169 · 2023
Various residential leasehold properties in the City of London Borough of IslingtonLON/00AU/LDC/2022/0188 · 2023
464B Hornsey Road, London, N19 4EELON/00AU/OLR/2023/0339 · 2023
Flat C, 62 Stanhope Gardens, Kensington, London SW7 5RFLON/00AW/F77/2022/0203 · 2023
Flat 33 Wetherby Mansions Earl's Court Square London SW5 9BHLON/00AW/F77/2022/0280 · 2023
Flat 6, 52 Evelyn Gardens, London, SW7 3BH: LON/00AW/F77/2023/0034LON/00AW/F77/2023/0034 · 2023
37 Oakley Gardens, London, SW3 5QQ: LON/00AW/F77/2023/0106LON/00AW/F77/2023/0106 · 2023
14A Neville Street, London, SW7 3AS: LON/00AW/F77/2023/0113LON/00AW/F77/2023/0113 · 2023
83D Cromwell Road, London, SW7 5BWLON/00AW/F77/2023/0140 · 2023
Flat B, 28 Holland Street, London , W8 4LTLON/00AW/F77/2023/0158 · 2023
Flat 6, 7 Collingham Road, London SW5 0NTLON/00AW/F77/2023/0164 · 2023
2 Ovington Street, London, SW3 2JBLON/00AW/F77/2023/0233 · 2023
Flat A, 21 Colville Road, London, W11 2BTLON/00AW/F77/2023/0281-FLAT-A-21-COLVILLE-ROAD-LONDON-W11-2BT · 2023
14 Bassett Road London W10 6JJLON/00AW/HMF/2022/0070 · 2023
Alexandra Mansions 325-341 Kings Road London SW3 5ETLON/00AW/LAM/2022/0017 · 2023
Basement Flat, 62 Holland Road London W14 8BBLON/00AW/LBC/2023/0021 · 2023
Campden House Court, 42 Gloucester Walk, London W8 4HU.LON/00AW/LDC/2022/0159 · 2023
1-7, 2 Southwell Gardens London SW7 4SBLON/00AW/LDC/2022/0195 · 2023
15-19 Cranley Gardens London SW7 3BDLON/00AW/LDC/2022/0206 · 2023
286 Ladbroke Grove, London, W10 5LPLON/00AW/LDC/2022/0217 · 2023
105 Old Brompton Road SW7 3LE (“the subject property”)LON/00AW/LDC/2022/0218 · 2023
93 Lexham Gardens, London, W6 6JNLON/00AW/LDC/2022/0223 · 2023
76 Lexham Gardens, London W8 5JBLON/00AW/LDC/2022/0228 · 2023
5 Egerton Gardens, London, SW3 2BPLON/00AW/LDC/2022/0247 · 2023
57 Harrington Gardens, London SW7 4JZLON/00AW/LDC/2023/0006 · 2023
40 – 43 Onslow Gardens London SW7 3PYLON/00AW/LDC/2023/0008 · 2023
71 Queens Gate, London, SW7 5JTLON/00AW/LDC/2023/0019 · 2023
2-3 Egerton Gardens, London SW3 2BSLON/00AW/LDC/2023/0022 · 2023
42 Philbeach Gardens, London SW5 9EBLON/00AW/LDC/2023/0023 · 2023
8 Philbeach Gardens London SW5 9DYLON/00AW/LDC/2023/0025 · 2023
63 and 65 Pont Street London SW1X 0BDLON/00AW/LDC/2023/0054 · 2023
88 Onslow Gardens, London, SW7 3BSLON/00AW/LDC/2023/0062 · 2023
4 & 4A Queens Gate Place, London SW7 5NTLON/00AW/LDC/2023/0108 · 2023
34-36 Egerton Gardens London SW3 2DB: LON/00AW/LDC/2023/0110LON/00AW/LDC/2023/0110 · 2023
Shrewsbury House, 42 Cheyne Walk, London SW3 5LNLON/00AW/LDC/2023/0121 · 2023
16 Egerton Gardens, London SW3 2 DGLON/00AW/LDC/2023/0135 · 2023
Flats 1-28, Empire House, 6 Thurloe Place, SW7 2RULON/00AW/LDC/2023/0146 · 2023
44-46 Egerton Gardens, London SW3 2BSLON/00AW/LDC/2023/0149 · 2023
75 Harrington Gardens, London, SW7 4JZLON/00AW/LDC/2023/0156 · 2023
Dalmeny House, 9 Thurloe Place, London SW7 2RYLON/00AW/LDC/2023/0169 · 2023
21 Lennox Gardens, London SW1X 0DELON/00AW/LDC/2023/0189 · 2023
28-30 Lennox Gardens, London, SW1X 0DQLON/00AW/LDC/2023/0203 · 2023
28-42 Onslow Square London SW7 3NSLON/00AW/LDC/2023/0223 · 2023
9663 residential leasehold properties managed by the Applicant.LON/00AW/LDC/2023/0236 · 2023
Garden Flat, 3 Bonchurch Road, London, W10 5SDLON/00AW/LSC/2022/0063 · 2023
FLATS 4 & 6, 12 LEXHAM GARDENS, LONDON, W8 5JELON/00AW/LSC/2022/0196 · 2023
Nell Gwynn House, Sloane Avenue, London, Sw3 3AZLON/00AW/LSC/2022/0225 · 2023
Flat 2, 20 Gledhow Gardens, London SW5 0AZLON/00AW/LSC/2022/0267 · 2023
Ground Floor Flat, 31 Lennox Gardens, London SW1X 0DELON/00AW/LSC/2022/0288 · 2023
Flat 20 Cheping House, Lockton Street London W10 6EWLON/00AW/LSC/2022/0355 · 2023
45B Philbeach Gardens, London, SW5 9EBLON/00AW/LSC/2023/0029 · 2023
Flat 1, 12 Walpole Street, SW3 4QPLON/00AW/LSC/2023/0074 · 2023
1 Palace Gate, London W8 5LSLON/00AW/LVM/2023/0008 · 2023
Flat 9, 59 Drayton Gardens, London, SW10 9RULON/00AW/MNR/2022/0155 · 2023
7A Barlby Road, London W10 6ANLON/00AW/MNR/2023/0143 · 2023
352a Flat 1, Fulham Road, London, SW10 9UH - Ref: LON/00AW/MNR/2023/0306LON/00AW/MNR/2023/0306 · 2023
6 Embankment Gardens, London SW3 4LJLON/00AW/OCE/2023/0010 · 2023
21 Ancaster Crescent, New Malden, KT3 6BDLON/00AX/F77/2023/0087 · 2023
Flat F 49 The Avenue, Surbiton, Surrey , KT5 8JW: LON/00AX/F77/2023/0170LON/00AX/F77/2023/0170 · 2023
112 Clifton Road, Kingston upon Thames, Surrey, KT2 6PNLON/00AX/F77/2023/0264 · 2023
172 High Street, New Malden, Surrey KT3 4ESLON/00AX/F77/2023/0290 · 2023
78 Northcote Road, New Malden, Surrey, KT3 3HG: LON/00AX/F77/2023/0308LON/00AX/F77/2023/0308 · 2023
83 George Road, New Malden,Surrey, KT3 6BTLON/00AX/HMB/2021/0013 · 2023
67 Orme Road, Kingston Upon Thames, Surrey KT1 3SDLON/00AX/HMF/2022/0121 · 2023
23 Fassett Road, Kingston Upon Thames, London KT1 2TDLON/00AX/LUS/2023/0003 · 2023
386A Ewell Road, Surbiton, Surrey, KT6 7BB: LON/00AX/MDR/2023/0013LON/00AX/MDR/2023/0013 · 2023
Flat 7 Daryngton House , Hartingdon Road London SW8 2HRLON/00AY/F77/2022/0170 · 2023
Flat B, 54 Atherfold Road, London, SW9 9LW: LON/00AY/F77/2022/0266LON/00AY/F77/2022/0266 · 2023
343 Croxted Road, Herne Hill, London, SE24 9DB: LON/00AY/F77/2022/0267 LON/00AY/F77/2022/0267 · 2023
137 Cranworth Gardens, London, SW9 0NU: LON/00AY/F77/2022/0282LON/00AY/F77/2022/0282 · 2023
Flat A, 31 Barrow Road, London, SW16 5PE: LON/00AY/F77/2022/0283LON/00AY/F77/2022/0283 · 2023
Flat A, 59 Broxholm Road Norwood Croydon London SE27 0NA: LON/00AY/F77/2022/0286LON/00AY/F77/2022/0286 · 2023
35B Baldry Gardens, London, SW16 3DL: LON/00AY/F77/2023/0028LON/00AY/F77/2023/0028 · 2023
Flat 7 Streatham Court, Streatham High Road, London, SW16 1DL: LON/00AY/F77/2023/0042LON/00AY/F77/2023/0042 · 2023
Flat 233b, Railton Road. Lambeth London SE24 0LX : LON/00AY/F77/2023/0065LON/00AY/F77/2023/0065 · 2023
Top Floor Flat, 151a Clapham Road, London, SW9 0PULON/00AY/F77/2023/0079 · 2023
76B Craster Road, London, SW2 2AX: LON/00AY/F77/2023/0090LON/00AY/F77/2023/0090 · 2023
161 Ferndale Road, London, SW4 7RULON/00AY/F77/2023/0121 · 2023
Second Floor Flat, 24 Becmead Avenue, London, SW16 1UQ - Ref: LON/00AY/F77/2023/0211LON/00AY/F77/2023/0211 · 2023
1 Bellasis Avenue, London SW2 4NZLON/00AY/F77/2023/0262 · 2023
Dorchester Court (Incl Flats 1-96), Herne Hill, London SE24 9QX and SE24 9QY: LON/00AY/HIN/2021/0021LON/00AY/HIN/2021/0021 · 2023
48 Hopton Road, London, SW16 2ENLON/00AY/HMF/2022/0089 · 2023
Flat 1, 53 Streatham Hill, London SW2 4TSLON/00AY/HMF/2022/0291 · 2023
41 Deerdale Road London SE24 0APLON/00AY/HMF/2023/0100 · 2023
59a, Clive Road, London SE21 8DA.LON/00AY/HMG/2023/0005 · 2023
14 Amesbury Avenue, London SW2 3AALON/00AY/HMG/2023/0009 · 2023
2-4 Leigham Court Road, London SW16 2PGLON/00AY/HYI/2022/0005-AND-0016 · 2023
Flat 6, 55 Drewstead Road, London SW16 1AALON/00AY/LAC/2023/0015 · 2023
Flat 10 Whiteley House, Tilson Gardens, London SW2 4NFLON/00AY/LBC/2023/0046 · 2023
The development known as Westminster SquareLON/00AY/LDC/2022/0118 · 2023
63 Thornton Avenue London SW2 4BDLON/00AY/LDC/2022/0180 · 2023
1-12 Laburnam Court, Leigham Court Road, London SW16 3RELON/00AY/LDC/2022/0182 · 2023
Sandhurst Court, Acre Lane, London, SW2 5TXLON/00AY/LDC/2022/0198 · 2023
99A-E Vassall Road, London SW9 6NHLON/00AY/LDC/2022/0215 · 2023
1-25 Kennedy House, Vauxhall Walk, London SE11 5EULON/00AY/LDC/2022/0221 · 2023
81 Danbrook Road, London, SW16 5JYLON/00AY/LDC/2022/0238 · 2023
1-22 Shipley House, Albion Avenue, London SW8 2AHLON/00AY/LDC/2022/0252 · 2023
1-16 Edgar House, Wyvil Road, London, SW8 2SSLON/00AY/LDC/2023/0002 · 2023
1-85 Arne House, Tyers Street, London SE11 5EYLON/00AY/LDC/2023/0017 · 2023
27 Gipsy Hill, London SE19 1QGLON/00AY/LDC/2023/0024 · 2023
104 A-E Vassall Road, London SW9 6JALON/00AY/LDC/2023/0057 · 2023
1-24 Marie Lloyd Court, Brighton Terrace, London, SW9 8DLLON/00AY/LDC/2023/0064 · 2023
The Lycee, 1 Stannary Street, London, SE11 4ADLON/00AY/LDC/2023/0073 · 2023
1-18 Fraser House, Albion Avenue, London SW8 2ARLON/00AY/LDC/2023/0081 · 2023
1-36 Greener House Clapham Road London SW4 6NDLON/00AY/LDC/2023/0138 · 2023
4A Thornlaw Road, London SE27 0SALON/00AY/LDC/2023/0140 · 2023
17 Trinity Gardens Brixton London SW9 8DPLON/00AY/LDC/2023/0145 · 2023
49 Helix Road Brixton London SW2 2JR : LON/00AY/LDC/2023/0170LON/00AY/LDC/2023/0170 · 2023
181 Norwood Road, Herne Hill, London, SE24 9AFLON/00AY/LDC/2023/0176 · 2023
1-48 Farnley House, Union Grove, London SW8 2RTLON/00AY/LDC/2023/0178 · 2023
118 Gauden Road, London, SW4 6LULON/00AY/LDC/2023/0200 · 2023
1-22 Harcourt House, Albion Avenue, London, SW8 2ABLON/00AY/LDC/2023/0201 · 2023
The Queen, 45-47 Bellefields Road, London, SW9 9UHLON/00AY/LDC/2023/0212 · 2023
1-70 Rusper Court, Clapham Road, London SW9 9EQLON/00AY/LDC/2023/0217 · 2023
118 Gauden Road, London, SW4 6LULON/00AY/LDC/2023/0240 · 2023
26 and - 26A Mount Nod Road London SW16 2LHLON/00AY/LRM/2022/0024 · 2023
49 Hackford Road, London SW9 oRELON/00AY/LRM/2023/0003 · 2023
Apartment 902, 155 Wandsworth Road, London SW8 2FWLON/00AY/LSC/2021/0337 · 2023
Flats 1, 2, 3 & 4 32 Acre Lane London SW2 5SG And Flats 1, 2 & 4 18A Trinity Gardens London SW9 8DPLON/00AY/LSC/2022/0147 · 2023
7a Heather Close, London SW8 3BSLON/00AY/LSC/2022/0159 · 2023
Flats B & C, 90 Landor Road, London SW9 9PELON/00AY/LSC/2022/0222 · 2023
Flat 87 Keybridge House, 1 Exchange Gardens, London SW8 1BGLON/00AY/LSC/2022/0247 · 2023
Flat 2, 112B Brixton Hill, London, SW2 1AHLON/00AY/LSC/2022/0266 · 2023
Flat 4, 31 Crescent Grove, London SW4 7AFLON/00AY/LSC/2022/0377 · 2023
33 Fitzgerald House, Stockwell Park Road, London SW9 0UGLON/00AY/LSC/2022/0378 · 2023
Flat 7, 124 Knights Hill, West Norwood, London SE27 0SSLON/00AY/LSC/2023/0114 · 2023
Flats 1, 2 and 3 and Flat 1 173a and 175 Abbeville Road London SW4 9JJLON/00AY/LSC/2023/0179 · 2023
Flat A 384 Coldharbour Lane, London SW9 8LFLON/00AY/LSC/2023/0218 · 2023
Denmark Mansions, 78-96 Coldharbour Lane, London SE5 9PXLON/00AY/LVM/2022/0016-AND-0017 · 2023
94a Thornlaw Road, London, SE27 0SA: LON/00AY/MNR/2022/0196LON/00AY/MNR/2022/0196 · 2023
13 Brading Road, London SW2 2APLON/00AY/OCE/2023/0022 · 2023
5 Hitherfield Road, London, SW16 2LWLON/00AY/OCE/2023/0062 · 2023
GF Maisonette, 18 Doverfield Road, London, SW2 5NBLON/00AY/OLR/2022/0116 · 2023
Ground Floor Flat, 52a Hazelbank Road, Catford , London, SE6 1TLLON/00AZ/F77/2022/0217 · 2023
12 Embleton Road, Lewisham, London, SE13 7DH: LON/00AZ/F77/2022/0277LON/00AZ/F77/2022/0277 · 2023
49 Edward Tyler Road, London, SE12 9QE: LON/00AZ/F77/2022/0287 LON/00AZ/F77/2022/0287 · 2023
Flat 17, Dartmouth Court, Dartmouth Grove, London, SE10 8AS: LON/00AZ/F77/2023/0044LON/00AZ/F77/2023/0044 · 2023
4 Ebsworth Street, London SE23 1ESLON/00AZ/F77/2023/0271 · 2023
10 Woodlands Street, London SE13 6TULON/00AZ/HMF/2022/0192 · 2023
380 Bromley Road London SE6 2RS Appellant : Mr S SanthakumarLON/00AZ/HNA/2022/0080 · 2023
James Court, Lampmead Road, London, SE12 8QJ, also known as 382-386 (even numbers) Lee High Road, Lee Green, London SE12 8RWLON/00AZ/LAM/2022/0022 · 2023
1-40 Axis House Lewisham London SE13 6ADLON/00AZ/LDC/2023/0196 · 2023
176a Evelyn St, London SE8 5DBLON/00AZ/MNR/2023/0004 · 2023
19 Como Road, Forest Hill, SE23 2JL: LON/00AZ/MNR/2023/0178LON/00AZ/MNR/2023/0178 · 2023
4 Chinbrook Crescent, London, SE12 9TJ: LON/00AZ/MNR/2023/0250LON/00AZ/MNR/2023/0250 · 2023
73 Grierson Road, Honor Oak Park, London, SE23 1PELON/00AZ/MNR/2023/0329 · 2023
60 Longshore, Deptford, London , SE8 3DG - LON/00AZ/MNR/2023/0367LON/00AZ/MNR/2023/0367 · 2023
Ground Floor Flat, 66 Elsinore Road, London, SE23 2SLLON/00AZ/OLR/2023/0230 · 2023
Flat 8 Emerson Court, Wimbledon Hill Road, London, SW19 7PQ: LON/00BA/F77/2023/0055LON/00BA/F77/2023/0055 · 2023
45 Wimbledon Hill Road, London SW19 7NALON/00BA/HMF/2023/0052 · 2023
35 London Road, London SW17 9JRLON/00BA/HTC/2023/0005 · 2023
18 Denmark Avenue, Wimbledon, London, SW19 4HFLON/00BA/LDC/2022/0212 · 2023
Various units at Poplar Court, Gap Road, London SW19 Leaseholders : Various leaseholders at Poplar Court (see list in Appendix)LON/00BA/LSC/2020/0141 · 2023
Windmill Park, Windmill Trading Estate, 302 - 310 Commonside East, Mitcham, CR4 1HXLON/00BA/LSC/2022/0046 · 2023
Flat 27, Fairgreen Court, London Road, Mitcham CR4 3NALON/00BA/LSC/2022/0253 · 2023
Somerset House & Burghley House, Somerset Road, London, SW19LON/00BA/LSC/2022/0291 · 2023
17 Claremont Lodge,15 The Downs, London SW20 8UALON/00BA/LSC/2022/0317 · 2023
Flats 1 and 2 Hamilton Road, London SW191JGLON/00BA/LSC/2023/0034 · 2023
Kilmeny House, 36 Arterberry Road, London SW20 8AQLON/00BA/LVM/2022/0018 · 2023
47 Lammas Avenue Mitcham Surrey CR4 2LYLON/00BA/MNR/2022/0182 · 2023
10 Gilbert Close, Morden Road, London, SW19 2TQ: LON/00BA/MNR/2023/0095LON/00BA/MNR/2023/0095 · 2023
92 Ravenscroft Road, London, E16 4AG: LON/00BB/F77/2022/0177LON/00BB/F77/2022/0177 · 2023
102 Rosebery Avenue, London, E12 6PS: LON/00BB/F77/2023/0022LON/00BB/F77/2023/0022 · 2023
• 125-127 Cannon Street Road; • Flat 9, Lawless House, E14 0ET and • 64 Chestnut Avenue, E7 0JH. 33. Dealing with the Respondent’s position that he was not aware of any complaints from individual tenants against him, it is stated that Newham had received several complaints. These were made wither directly to Newham or by Councilors. The details are provided at [AB106 onwards]. Details are also provided of a site visit on 28 September 2021 at the subject property by Newham employees and a meeting with Mr Hussain. It is stated that Mr Hussain would not allow access to the property and was reluctant to confirm the number of occupiers. At AB98 are details of a complaint in July 2021 in relation to 76 Cranmer Road. 34. Ms Cannard states that she does not belief that Mr Hussain resides at 606 Barking Road but can only say that she is not sure. She provided evidence from a licensing database that the address given in 2019 for Mr Hussain in relation to a HMO licence was 68 Chestnut Avenue. She provided a photograph of 606 Barking Road [Reply24] that shows a shuttered commercial unit on the ground floor with some accommodation on the first floor. The selective licence at [Reply8] would be unnecessary if he lived at that property as it would be exempt from licensing. She had carried out a search on the National Anti-Fraud Network (NAFN) on 25 October 2022 and that showed that the address Mr Hussain was using was 68 Chestnut Avenue and had applied for insurance and mortgages using that address. It was stated that there were no entries for the 606 Barking Road address [Reply25]. One problem that had arisen was that Mr Hussain had provided a number of different addresses including a Jersey address in respect to the Magistrates Court proceedings. 35. Although an application for a licence in respect of 76 Cranmer Road was made in May 2018, there were a number of deficiencies in the application and the application fee was not paid. Newham eventually granted a license on 15 August 2019 to SUL Associates Limited (SUL) [Reply57]. The licence was revoked on 4 November 2021 as SUL was dissolved in March 2021 [Reply69]. It was accepted that the license was granted at the time as there had not been any convictions against Mr Hussain at that time. It was also acknowledged that SUL was granted a licence after three Financial Penalties. 36. Ms Cannard stated that the convictions arising from the breach of the HMO Management Regulations were not administrative errors. At the time of the offences were committed Mr Hussain was a director of SUL [Reply78]. 37. Ms Cannard suggested that because of Mr Hussain’s agreement with SUL (at a period when he was a sole Director) that he was involved in the day to day running and management of properties [R27]. At [R100] is a lease between Mr Hussain as the owner and Su88on Robert Enterprises Limited (Su88on) relating to the subject property. The registered office for Su88on is in a property of which Mr Hussain jointly holds the freehold [A109 and A136]. Also, neither RS Enterprises Limited and SR Enterprises Limited [R108-118] have Company House records. In respect of Mr Hussain’s bank account exhibited at R137-140 there is no rental income showing for his property portfolio of at least 12 properties – but this figure was subsequently amended. It is suggested that the lack of any rental credits and the failure to provide bank account details/payment arrangement in a tenancy agreement could be taken as a way to avoid taxes on rental income and to carry out illegal evictions as there is no proof of rental payment. There was a suspicion that Mr Hussain was using the name James Hunt as a pseudo name. 38. Ms Brown is a Senior Environmental Health Practitioner, and her witness statement is at A240. Ms Brown explains that she inspected 76 Cranmer Road on 22 August 2018 and found the evidence of the relevant offences being committed. Mr Hussain was convicted on 1 October 2021. Ms Brown stated that she attended the proceedings in the Magistrates Court and that Mr Hussain stated that he resided in Jersey. She was unable to hear the actual address and was unable to get a transcript. Mr Bryant put it to her that Mr Hussain did not give an address in Jersey, but Ms Brown was sure that he did. 39. Ms Selwood is a Principal Planner, in the Planning Enforcement Team and is employed by Newham. 40. Ms Selwood explained her involvement in this case, as the Planning Enforcement Team had taken formal enforcement action against Mr Hussain in relation to three properties. Four Enforcement Notices had been served and had not been complied with. The failure to comply with an Enforcement Notice is a criminal offence. The allegations contained in the four notices are summarised below: a. The erection of a roof extension without planning permission at 63 Chestnut Avenue. The Enforcement Notice was served on 13 October 2017 and set out the required steps to be undertaken by three months beginning with the day on which the Notice was served. Mr Hussain had appealed, but the appeal was dismissed. The period for compliance then became 4 September 2018. There was correspondence between the parties and a site inspection took place on 10 November 2021. The inspection revealed the loft extension was still in situ. As such Ms Selwood concludes that the requirements of the Notice have not been met. Mr Bryant put to Ms Selwood that in respect of her site visit on 10 November 2021, Mr Hussain had obtained the relevant planning consents by Permitted Development Rights. Ms Selwood replied that was built was not Permitted Development. This matter is going to trial in January 2023. b. A material change of use to a mixed use comprising a brothel and short term lets without planning permission at 63 Chestnut Avenue. The Enforcement Notice was served on 23 February 2018 and set out various steps for compliance with the Notice. The period for compliance was one month beginning with the day on which the Notice was served. Mr Hussain appealed the Notice, but the appeal was dismissed. At a site visit on 20 March 2019 Mr Hussain stated that the short term lets use had ceased. However, it was observed that the use of the accommodation constituted a HMO and the property did not have the appropriate planning permission. In July 2019 Mr Hussain asserted the property was not being used for short term lettings and was being advertised with a letting agency. However, an investigation showed the property was being offered on a nightly basis. At an inspection on 22 January 2020 several occupiers stated that they had booked their visit on Booking.com for a short stay. The Respondent’s planning consultant had emailed on 18 February 2021 to say it had been let to a single family for 18 months. This was denied given the previous inspections. On an inspection on 10 November 2021 the property manager, Mr M Parvez stated that the property was let out on as an ‘AirBnB style’ at £30-£40 per night. It is concluded that there had been no compliance with the Enforcement Notice. When it was put to her that there was a single family at the property, Ms Selwood stated that on her inspection it was not occupied by a family, but in the manner described by Mr Parvez. She had heard a conversation on the phone between Mr Parvez and Mr Hussain. Mr Hussain had raised his voice and she heard him say that the Local Authority were not to be permitted access. c. A rear extension with a canopy without planning permission at 34 Avenue Road. The Enforcement Notice was issued on 7 September 2018 and set out the mattes that required compliance by three months from the date beginning with the Notice. The Notice was served on Mr Hussain and there was no appeal and therefore came into effect on 7 October 2018 and the compliance works were required to be completed by 10 January 2019. The Respondent’s agent confirmed that the Notice had not been complied with on 7 February 2019 but that it was the intention to apply for a certificate of lawful development. On a visit on 10 November 2021, Ms Selwood was refused access. On a further visit on 25 January 2022 Ms Selwood inspected and noted that the extension and canopy were still in place. Accordingly, it is considered there has been no compliance with the Enforcement Notice. This matter is going to trial in January 2023. d. A material change of use into a House in Multiple Occupation without planning permission at the subject property. An Enforcement Notice was issued on 20 September 2019 and required compliance with various steps. The period of compliance was three months beginning with the day the Notice took effect. Mr Hussain did not appeal, and the compliance steps were required to have been carried out by 20 January 2020. Ms Selwood attended the property but was unable to inspect on 10 November 2021 and spoke to Mr Hussain by phone who confirmed the property was in use as an HMO. There was a description about how the property was used from one of the occupiers. Ms Selwood formed the view that the use of the property as a HMO had not ceased. Again, this matter is going to trial in January 2023. Ms Selwood stated that it was not the occupiers who were unhappy with the inspection, but Mr Hussain. The early evening inspections had been carried out with the police as their presence helped to secure access. 41. Newham made submissions in respect of the Tribunal’s discretion to make a Banning Order. On 22 August 2018, Newham observed several breaches of the 2006 Regulations. These included serious fire safety matters in a HMO occupied by at least five people, including two children. In Aytan v Moore [2022] UKUT 27 (LC) fire safety precaution deficiencies were regarded by the Upper Tribunal as a very serious matter. The circumstances were not a mere administrative error as the failure to licence deprived Newham of the opportunity to identify and seek the remedy of the fire safety deficiencies. Mr Hussain’s failure to understand the gravity of the matters is cause for concern. There have been complaints about the subject property and Mr Hussain and SUL Associates Limited have been subject to numerous Financial Penalty Orders. 42. Newham decided not to prosecute Mr Hussain for other Banning Order offences, but he had been penalised under section 249A Housing Act 2004 with Financial Penalties. Although Mr Hussain states that he was not a director of SUL Associates Limited on 11 June 2019, he was a director of the company at the time of the offence. The total sums due against Mr Hussain and SUL Associates Limited from 2017 to 2019 was £32,000. The fact that neither Mr Hussain or SUL Associates Limited, that has now been dissolved, have paid the penalties is a demonstration of Mr Hussain’s regard to the licensing scheme and its regulatory authority. Mr Hussain did not challenge the Financial Penalties but his position is that others are responsible. Mr Hussain is also presently prosecuted for various planning offences and the complaints received from his tenants and neighbours again shows his disregard to the licensing scheme and its regulatory authority. 43. Because of the penalties and convictions against Mr Hussain, he is listed on the Database of Rogue Landlords and Property Agents. 44. The next issue if the likely effect of the Banning Order on Mr Hussain and others. The Tribunal are invited by the Applicant to treat Mr Hussain’s comments about ‘substantial financial hardship’ and the need to go onto state benefits with caution. Mr Hussain has not provided any evidence of his rental income, net profits and his bank statement. According to the Applicant his veracity and credibility are seriously open to doubt. His witness statement with a statement of truth included a statement that misstated the extent of his property interests in London. Ms Cannard had indicated a portfolio of 13 properties, but the evidence is that he has interests in another 17 properties. Given the extent of the portfolio it is unlikely that Mr Hussain, his family and extended family will be homeless. It is noted that two of the properties at 54 Cranmer and 176 Bow Common Lane are not subject to any mortgage. 45. In respect of the beneficial effect of any Banning Order on tenants and Newham would be considerable. Mr Hussain, as a landlord with disregard for the health and safety of his tenants, would be removed from the marketplace. 46. It is accepted that Mr Hussain has carried out work to the subject property, but the extent and quality of that work has not been tested. But that should not outweigh the seriousness of the offences, Mr Hussain’s contempt for the Financial Penalties, the ongoing concerns for the management and condition of his properties. A Banning Order for a period of five years is sought as Mr Hussain has a history of failing to comply with management regulations with the first Financial Penalty in 2017 and then 2018 and 2019 and the 2018 offences being the subject of the convictions. 47. In the Applicant’s submission, the Tribunal should not accept that Mr Hussain has learnt his lesson. He was evasive about where he lived, and his oral evidence was that he lived at both 606 Barking Road and 68 Chestnut Avenue but it is clear that his address is 68 Chestnut Avenue. He was evasive about the property in Jersey and about his wife’s circumstances. He was not clear about his income as although Mr Hussain stated that he received £1,000 per month per property, this is the net rent as he has a rent-to-rent business model. In essence he is not a credible witness. Mr Hussain’s claim that he will be on state benefits is nonsense as he has a small property empire, and some properties are unencumbered by mortgages. Mr Hussain could have provided a full disclosure of this financial circumstances, but he had not done so. 48. In respect of the terms of the Banning Order the draft Order is a [Reply87]. The period sought is five years, but it is accepted that it should take effect six months from the making of the Order to give tenants notice and to allow Mr Hussain to make suitable administrative arrangements. As to the management of the portfolio and the terms of any Banning Order, the Tribunal received further submissions from both the Applicant and the Respondent. Newham’s position is that although a Banning Order would mean that Mr Hussain and any person or company associated with him could not be involved in letting and management work, that would not prevent the properties being let. It is open to the Tribunal to exercise its discretion under section 17(3) of the 2016 Act and enable the Respondent to engage a trustworthy, fit and proper third-party agent to manage his residential properties and hold any necessary licences for him. Newham would not oppose the making of such conditions. In respect of the wording of any conditions, Newham propose that Mr Hussain is banned from letting houses in England “save by – and only by – engaging the services of a Propertymark SafeAgent and/or UK Association of Letting Agents (UKALA) accredited letting agent (a) with whom neither he nor any company with which he is concerned is either involved or associated and (b) whose engagement is first approved by the Council in writing, prior to engagement or to Mr Hussain entering into any contract concerning their engagement.”LON/00BB/HBA/2022/0001-76-CRANMER-ROAD-FOREST-GATE-E7-0JL · 2023
Flat B 9 - 11 Adine Road E13 8LL Appellant : Mr Leon SmithLON/00BB/HIN/2023/0006 · 2023
147 Barrier Point Road, London, E16 2SELON/00BB/HMB/2022/0017 · 2023
52 Wanlip Road, London E13 8QPLON/00BB/HMB/2023/0003 · 2023
35 Royal Crest Avenue, London, E16 2SULON/00BB/HMB/2023/0006 · 2023
Flat 169 Effra Gardens, 25 Silvertown Way, London E16 1RBLON/00BB/HMF/2022/0116 · 2023
66 Creighton Avenue Upton Park London E6 3DSLON/00BB/HMF/2022/0122-NEW · 2023
Flat 56, 30 Barking Road, E16 1GQLON/00BB/HMF/2022/0158 · 2023
95 Pinnacle House, 4 Schooner Road, London E16 2RFLON/00BB/HMF/2022/0179 · 2023
12 Creighton Avenue, London E6 3DSLON/00BB/HMF/2022/0268 · 2023
30 Young Road, London E16 3RRLON/00BB/HMF/2022/0276 · 2023
3 Fox Close, London E16 1NULON/00BB/HMF/2023/0033 · 2023
331 Tollgate Road, London. E6 5YF.LON/00BB/HMF/2023/0068 · 2023
The Hoola, East and West Towers, Royal Docks, Tidal Basin Road, London E16 1UXLON/00BB/LSC/2021/0338 · 2023
Western Beach Apartments, 36 Hanover Avenue and 1 & 2 Fitzwilliam Mews, London, E16LON/00BB/LSC/2021/0356 · 2023
Flat 1504, Sky View Tower, 12 High Street, London E15 2GTLON/00BB/LSC/2023/0184 · 2023
11 Firefly Gardens, Beckton, London, E6 5YS: LON/00BB/MNR/2023/0055LON/00BB/MNR/2023/0055 · 2023
26 Roger Road London E16 1LWLON/00BB/MNR/2023/0195 · 2023
80 & 80a Caledon Road, London E6 2HBLON/00BB/OCE/2021/0210 · 2023
68 Bartle Avenue, East Ham, London E6 3AJLON/00BB/OCE/2023/0066 · 2023
29 Amanda Close, Chigwell, Essex, IG7 5JG: LON/00BC/F77/2023/0143LON/00BC/F77/2023/0143 · 2023
Flat 38 Oakside Court Fencepiece Road, Ilford Essex IG6 2PHLON/00BC/HMF/2022/0217 · 2023
Flat 115, Memorial Heights, Monarch Way, Ilford, Essex, IG2 7HSLON/00BC/HMF/2022/0222 · 2023
28 Grosvenor Road Wanstead E11 2EPLON/00BC/LDC/2022/0031 · 2023
686-688 High Road, Buckhurst Hill, Essex IG9 5HNLON/00BC/LDC/2022/0227 · 2023
1100 properties across the London Borough of Redbridge as listed on the applicationLON/00BC/LDC/2023/0015 · 2023
1-42, The Shrubbery, Grosvenor Road, London E11 2ELLON/00BC/LDC/2023/0087 · 2023
Woburn Court Bedford Road South Woodford London E18 2RSLON/00BC/LSC/2023/0045 · 2023
48 Lavender Place, Ilford, IG1 2BE: LON/00BC/MNR/2023/0193LON/00BC/MNR/2023/0193 · 2023