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Housing Tribunal Decision, LB Islington: Overcrowding

February 13, 2015

Property: 7 Warley House, Mitchison Road, London N1 3NH

Case Reference: LON/00AU/HIN/2014/0026 and LON/00AU/HPO/2014/0013

 The property is a 4 bedroom flat on the ground and first floor of a six story apartment block constructed in the 1970s by I, the respondent. M, the applicant, was registered as the lessee in December 2004, the respondent retained responsibility of structural repairs as freeholder. Since 2006, M had leased the property back to I for use as temporary accommodation for homeless families.

In September 2012, the property was let to Mrs G and her 5 children, aged between 12 and 21 years. There was a subsequent complaint about the living conditions.

Upon inspection by an Environmental Health Officer (EHO), the respondent served both an Improvement Notice and a Prohibition Order on M; category 1 hazards that were identified include excess cold and overcrowding and category 2 hazards identified included fire precautions and damp and mould.

M subsequently appealed these notices, arguing that it was I who had placed the family of 6 in the dwelling, which she argued had led to the damp and mould. The pay before the hearing was due to take place, Sue Harris Corporation Ltd (SHCL) informed the tribunal that M wished to withdraw her appeal, but the tribunal refused.

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