RPT/0015/12/22: 51 Forest Road, Cardiff
Judgement Number | RPT/0015/12/22 |
Year | 2023 |
Court | Residential Property Tribunals |
Subject Matter | Prohibition Order |
Applied Rules | Housing Act 2004 |
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
Housing Act 2004 – Prohibion Order
Reference: RPT/0015/22
In the maer of premises at 51 Forrest Road, Cardi, CF5 1HQ
Applicant: Ruth Winstanley
Respondent: Cardi Council (represented by Vale of Glamorgan Shared Regulatory
Services)
Tribunal: Tribunal Judge Christopher Lester (Legal Chair)
Andrew Lewis FRICS (Surveyor Member)
Dr Angela Ash (Lay Member)
Hearing: 25 January 2024
Reasons and Decision of the Residenal Property Tribunal
Case History
1. This is an appeal by the property owner, Ruth Winstanley (“the Applicant”), heard
on 25 January against a Noce of a Prohibion Order (“the Prohibion Order”)
dated 29 September 2022 which was served upon the Applicant by the local
authority, Cardi Council (“the Respondent”), in respect of the property known as
51 Forrest Road, Cardi, CF5 1HQ (“the Property”).
2. The Tribunal has already determined, by way of a preliminary issue at Case
Management Conferences held on 23 May 2023 and 5 October 2023, that copies
of the Order had been served on all relevant pares 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 Respondent have taken enforcement acon?
d. If so, what enforcement acon is appropriate and is it the case that serving
a Prohibion Order would be the best course of acon in relaon to any
relevant hazard(s)?
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