How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

I'm appealing to the property tribunal. I have been given an

Customer Question

I'm appealing to the property tribunal. I have been given an HMO licence for my three storey house. The Council have applied blanket regulations that all three storey HMO's must have smoke alarms in every room. British standard fire regulations say my house should only have smoke alarms in the escape route hall and landings. I say they can't make me fit alarms which are not necessary because I have a human right to the quiet enjoyment of my property.
The tribunal describe the issue as:
"Ensure the house is compliant with Woking Borough Councils approved standards for houses in multiple occupation" and that those standards are reasonable.
I notice the tribunal don't say necessary or proprtionate.
Can you advise? Am I correct, and is there any case law you can refer me to?
Thanks
Mark
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello Mark my name is ***** ***** I will help you.Has the Tribunal happened yet please?Alex
Customer: replied 9 months ago.
Hello,No I've just got my first set of dates from them. I have to send in a more detailed case by 9th March.Mark
Expert:  Ash replied 9 months ago.
Yes the Tribunal is correct.But sadly I think you have appealed when you should have challenged the decision by the Council. My view is that you should seek a Judicial Review of the Council policy.Its the policy you are challenging rather than the individual decision. A Judicial Review is where a High Court considers the decision of the blanket policy by the Council and sees whether its legal and reasonable.The Court will either agree with the decision or remit it back for further consideration.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
HiIn what way is the Tribunal correct. There hasn't been a hearing yet?
Also, judicial review must be within 3 months of the policy being decided, so I can't do that. The Council say on their notice that I have 28 days to apply to the Property Tribunal to appeal against the licience conditions and the appeals process is set out in Schedule 5 of the Housing Act.I'm afraid I don't think you have the experience in property law to answer my question. Would you care to withdraw and waive your fee?Mark
Expert:  Ash replied 9 months ago.
The Tribunal only need to decide whether you have complied with the Councils rules. They can't say whether the rules are right/wrong or whether they are justified.That is Judicial Review. If you are saying you have complied with the Councils rules and the Council are saying you have not then that is why you appeal.But you are disputed the fact the Council want a fire alarm in each room and you say BS Regs say escape routes etc.The Tribunal can't go behind the fact the Council has these rules.You are challenging the rules rather than whether you have complied with the conditions.Does that clarify?Alex
Expert:  Ash replied 9 months ago.
Alex
Customer: replied 9 months ago.
I can't Judicially Review their policy because it was made more than 3 months ago.
I'm not happy with this. You seem to be recommending something impossible.
Expert:  Ash replied 9 months ago.
But you can Judicially Review their decision for your matter. its not a matter which you can take for a Tribunal because of the reasons I have mentioned.You need to challenge the rules, not the fact they apply to you.Therefore you have 3 months from the date of their decision to impose the conditions on you and take the decision. In any event you can seek permission to seek JR out of time.Does that clarify?Alex
Expert:  Ash replied 9 months ago.
You can try the chief officer of the Council and Local government Ombudsman. But its the entire policy you want to challenge,Alex
Customer: replied 9 months ago.
Hi AlexThe High Court won't hear a judicial review of objections to a licence condition when I already have a statutory right of appeal to the tribunal under the housing act.I'm sorry, I don't want to continue this conversation. I don't think you have the relevant knowledge to advise me as you claimed and would not want to pay for this at all.Thanks
Mark
Expert:  Ash replied 9 months ago.
Ok - good luck Mark.Alex
Expert:  Nicola-mod replied 9 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.
HiYes I can wait a couple of days.Thanks
Mark
Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Alice H replied 9 months ago.
My name is ***** ***** I am a lawyer in London. Do you still need help with this? Is your issue with the fitting of the alarms or the policy itself?
Customer: replied 9 months ago.
Hi Alice
I don't think they should be requiring me to have smoke alarms in nearly every room in my three storey house when British Standards only require alarms in the hallway and landings. So the blanket policy is wrong and the condition on my licence is wrong.
Mark

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice