Jurisdiction(s):
United Kingdom

HA 2004 civil penalties: CA endorses flexible local authority policies; FTT to start from policy; challenges to policy lawfulness belong in the Administrative Court, not s249A appeals (England and Wales)

Published on: 19 September 2024

Published by a LexisNexis Local Government expert

Legal News

Article summary

City of Bradford Metropolitan District Council v Kazi [2024] EWCA Civ 1037

What are the practical implications of this case?

This ruling will be welcomed by local authorities nationwide, many of whom operate comparable policies. They can continue to apply those policies with confidence, while recognising they are guidance to be used flexibly in light of the facts of each case. Local authorities and the FTT should likewise keep to Marshall [54]: start from the policy and deviate only where a landlord has shown there are exceptional grounds. That said, they must remain alert to the policy’s aims and consider whether those aims will still be achieved if the policy is not followed. In this matter, having decided the second ground, the Court of Appeal declined to determine the first issue (para [47]). Interestingly, the judgment also signals agreement with the view that appeals under HA 2004, s 249A are not a vehicle for challenging a local authority’s housing policy, but only a means to contest a penalty imposed by that authority (para [20]). Thus, the question...

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