QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r e :
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PHILLIP JACKSON | Appellant | |
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CAMBRIDGE CITY COUNCIL | Respondent |
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Mr Ranjit Bhose (instructed by Cambridge C.C, Legal Services) appeared on behalf of the Defendant
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"An appeal shall lie to the High Court on a question of law arising out of a decision or order which is given or made by a tribunal on an appeal and may be made by any party to the appeal."
Sub-regulation (4) provides:
"The High Court may confirm, vary, set aside, revoke or remit the decision or order of the tribunal, and may make any order which the tribunal could have made."
"... whether the Tribunal has misdirected itself in law or reached a conclusion that is inconsistent with the only reasonable conclusion that a Tribunal properly directed on the law could have reached."
"Having thoroughly reviewed the evidence presented by both parties, including the regulations and case law, the Tribunal finds in favour of the respondent. The reasons for this are as follows:
1. Mr Jackson had an Assured Shorthold Tenancy at the subject property from 22 October 1997. He contends that he did not take up occupation on that day or from 5 November 1997 as contended by the Billing Officer. The Tribunal believes there is insufficient evidence from either party to prove conclusively the whereabouts of Mr Jackson's sole or main residence between those dates and 5 August 2001.
2. Mr Jackson has stated that at the beginning of his tenancy he installed a number of sub-tenants in the property, on the basis of a verbal agreement, each with their own room. In the Tribunal's opinion, this means that Mr Jackson created a House in Multiple Occupation (HMO) and as such, he becomes liable for Council Tax payments.
3. When Mr Jackson's six month Assured Shorthold Tenancy Agreement expired, he believed that his tenancy, and liability for Council Tax, ended with it, whereas it became a statutory periodic tenancy.
4. His tenancy at 5 Tweedsmuir Court therefore continued despite his having taken the tenancy at 32 Verulam Way on 6 August 2001, and did so until the sub-tenants at the subject property negotiated their own tenancy agreement, effective from 23 October 2001.
5. Mr Jackson is therefore liable for all Council Tax payments at 5 Tweedsmuir Court from the start of his tenancy agreement on 22 October 1997 until 22 October 2001.
The appeal is dismissed."
(1) Subsections (3) and (4) below shall have effect in substitution for section 6 or (as the case may be) section 7 above in relation to any chargeable dwelling of a class prescribed for the purposes of this subsection.
...
(3) Where on any day this subsection has effect in relation to a dwelling, the owner of the dwelling shall be liable to pay the council tax in respect of the dwelling and that day.
(4) Where on any day two or more persons fall within subsection (3) above, they shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day.
...
(6) Regulations prescribing a class of chargeable dwellings for the purposes of subsection (1) or (2) above may provide that, in relation to any dwelling of that class, subsection (3) above shall have effect as if for the reference to the owner of the dwelling there were substituted a reference to the person falling within such description as may be prescribed."
"2. The following are the classes of chargeable dwellings prescribed for the purposes of section 8(1) of the Act-
...
Houses in multiple occupation, etc
Class C a dwelling which
(a) was originally constructed or subsequently adapted for occupation by persons who do not constitute a single household; or
(b) is inhabited by a person who, or by two or more persons each of whom either --
(i) is a tenant of, or has a licence to occupy, part only of the dwelling; or
(ii) has a licence to occupy, but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of the dwelling as a whole."
"(1) In relation to a dwelling within Class C in regulation 2, section 8(3) shall have effect as if, for the reference to the owner, there were substituted a reference to --
(a) the person who has a relevant material interest which is not subject to a relevant material interest inferior to it;
or, if there is no such person --
(b) the person who has a freehold interest in the whole or any part of the dwelling.
(2) In paragraph (1), 'relevant material interest' means a freehold or leasehold interest in the whole of the dwelling."
"Mr Jackson then stated that he took the tenancy initially for some people who did not have a good credit rating and who could not get a tenancy. They had approached him and he therefore took a tenancy in his name to help them out and provide them with housing out of the goodness of his heart. He further stated that he continued to pay the rent through his bank account because they could not get bank accounts due to their bad credit ratings."