The Upper Tribunal has held that a council's notice of intent to fine a landlord £15,600 for an unlicensed house in multiple occupation was not given in time under the six-month deadline.
Key facts
- Who: Local housing authorities that impose financial penalties for housing offences, and landlords who receive a notice of intent
- From: 12 June 2026 (judgment date)
- Source: London Borough of Waltham Forest v Great House (Buildings) Limited [2026] UKUT 218 (LC)
In London Borough of Waltham Forest v Great House (Buildings) Limited [2026] UKUT 218 (LC), decided on 12 June 2026, the Upper Tribunal (Lands Chamber) rejected a council's arguments on Grounds 1 and 2 of its appeal against a decision of the First-tier Tribunal (Property Chamber) (Residential Property). The hearing was on 9 June 2026 before His Honour Judge Neil Cadwallader.
Background
The council, a local housing authority, served a financial penalty notice of £15,600 on 23 September 2024. It related to an offence under section 72(1) of the Housing Act 2004: managing or having control of a house in multiple occupation that should have been licensed but was not. It was not disputed that the company committed the offence or that the council was entitled to impose a penalty. The First-tier Tribunal allowed the company's appeal on 11 September 2025 and cancelled the notice.
The question
Before imposing a penalty, a council must give a "notice of intent". Paragraph 2(1) of Schedule 13A to the 2004 Act says it must be given before the end of "the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates". The issue was when that period ended.
The first day on which the council had sufficient evidence was 21 September 2023. The council argued that the "corresponding date rule" applied, so that the period ended on 21 March 2024. The notice of intent was posted on 20 March 2024.
The decision
The Tribunal held that the period began on and included 21 September 2023, so time expired at midnight on 20 March 2024. The notice of intent had to be given on 20 March 2024 at the latest.
The reasoning
The corresponding date rule applies where a period runs a number of months after a date. Here the period runs beginning with a date, and so includes that first day. The Tribunal relied on Zaporozhchenko [2011] EWHC 34 (Admin), where the argument that the rule applies when the first day is included was rejected. It also relied on DPP v Jackson [2025] EWHC 2797 (Admin), which reached the same conclusion. It found nothing relevantly different in the statutory provisions to take the case outside the general rule. The other authorities the council cited concerned periods after, before or ending with a date, so did not assist it.
The notice of intent was only posted on 20 March 2024, so it would not have arrived the same day. It was therefore not given in time.
What this means for landlords and local authorities
The Upper Tribunal has confirmed that, under paragraph 2(1) of Schedule 13A to the Housing Act 2004, the six-month period for a notice of intent includes the first day on which the authority has sufficient evidence. The corresponding date rule does not extend it.
In this case the notice was posted on 20 March 2024, the last day of the period. The Tribunal found it would not have arrived that day, so it was not given in time.
Sources
- London Borough of Waltham Forest v Great House (Buildings) Limited [2026] UKUT 218 (LC), Upper Tribunal (Lands Chamber), 12 June 2026