RPT/0013/08/23: 90 High Street, Mold
| Judgement Number | RPT/0013/08/23 |
| Year | 2023 |
| Date | 11 December 2023 |
| Court | Residential Property Tribunals |
| Subject Matter | Refusal to Vary or Grant a Prohibition Order |
| Applied Rules | Housing Act 2004 |
1
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
Reference: RPT/0013/08/23
In the matter of Section 25 and Schedule 2, paragraph 5 of the Housing Act 2004 –
Refusal to Vary or Revoke a Prohibition Order
Applicant: Mr Thomas Edwards
Respondent: Flintshire County Council
Tribunal: Mrs Siân Westby (Legal Chair)
Mr Hefin Lewis (Surveyor Member)
Mr Hywel Jones JP (Lay Member)
Reasons and Decision of the Residential Property Tribunal
1. This is an appeal by Mr Thomas Edwards (“the Applicant”), the freehold owner of
the property known as 30 High Street, Mold and registered at H.M Land Registry
with title number WA611623.
2. The appeal is made pursuant to paragraph 9(b) of Part 3 of Schedule 2 to the
Housing Act 2004. The appeal was heard on 6 December 2023 and concerned
refusals by the local housing authority, Flintshire County Council (“the
Respondent”), to vary or revoke a Prohibition Order dated 23 May 2022 (“the
Prohibition Order”). Together with the Prohibition Order, the Respondent served
a demand for recovery of expenses, in the sum of £300, incurred in determining
whether to make the Prohibition Order and serving copies of the order on the
Applicant.
3. The Prohibition Order prohibits ‘using any part of the premises for living, resting
and sleeping purposes’ and the schedule attached to the Prohibition Order states
that there is a Category 1 hazard at the Property relating to ‘Damp and Mould
Growth’. The schedule also refers to there being inadequate or defective damp
proofing at the Property, with significant areas of damp staining and cracking to
the external render and, internally, there being visible damp stains, damp odours,
perishing plasterwork, surface salts and high relative moisture readings.
4. The Prohibition Order requires the Applicant to ‘employ a specialist contractor to
thoroughly investigate all areas of damp render, brickwork, plaster and flooring
and obtain Listed Building Consent to: dry out, repair, renew and/or improve the
dwelling as is necessary to remedy the dampness and prevent a recurrence’.
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