RPT/0015/12/22: 51 Forest Road, Cardiff

Judgement Number RPT/0015/12/22
Year2023
CourtResidential Property Tribunals
Subject Matter Prohibition Order
Applied Rules Housing Act 2004
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
Housing Act 2004 – Prohibion Order
Reference: RPT/0015/22
In the maer 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 Residenal Property Tribunal
Case History
1. This is an appeal by the property owner, Ruth Winstanley (“the Applicant”), heard
on 25 January against a Noce of a Prohibion Order (“the Prohibion 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 pares 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 acon?
d. If so, what enforcement acon is appropriate and is it the case that serving
a Prohibion Order would be the best course of acon in relaon to any
relevant hazard(s)?

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