RPT/0011/09/22: 27A Central Drive, Shotton
| Judgement Number | RPT/0011/09/22 |
| Date | 28 March 2023 |
| Court | Residential Property Tribunals |
| Subject Matter | Prohibition Order |
| Applied Rules | Housing Act 2004 |
1
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
Housing Act 2004 – Prohibition Order
Reference: RPT/0011/09/22
In the matter of premises at 27A Central Drive, Shotton, Flintshire, CH5 1LR
Applicant: Clematis Estates Limited
Respondent: Flintshire County Council
Tribunal: Siân Westby (Legal Chair)
David Jones FRICS (Surveyor Member)
Bill Brereton (Lay Member)
Reasons and Decision of the Residential Property Tribunal
1. This is an appeal by the long leaseholder, Clematis Estates Limited (“the
Applicant”), heard on 24 March 2023 against a Notice of a Prohibition Order (“the
Prohibition Order”) dated 19 August 2022 which was served upon the Applicant
by the local housing authority, Flintshire County Council (“the Respondent”), in
respect of the property known as 27A Central Drive, Shotton, Flintshire, CH5 1LF
(“the Property”).
2. The Tribunal has already determined, by way of a preliminary issue at a Case
Management Conference held on 16 November 2022, that copies of the Order had
been served on all relevant parties pursuant to paragraph 2(2) of Part 1, Schedule
2 to the Housing Act 2004.
3. The issues that the Tribunal now has to consider include:
a. Do hazards (for example excess cold) exist and, if so, what category is
applicable?
b. Is there a management order in force?
c. Should the council (Respondent) have taken enforcement action?
d. If so, what enforcement action is appropriate and is it the case that serving
a Prohibition Order would be the best course of action in relation to any
relevant hazard(s)?
To continue reading
Request your trial