RPT/0022/03/22: 14 Alexander Street, Abertillery – COSTS decision
| Jurisdiction | England & Wales |
| Subject Matter | Prohibition Order |
| Court | Residential Property Tribunals |
| Applied Rules | Housing Act 2004 |
| Judgement Number | RPT/0022/03/22 |
Y TRIBIWNLYS EIDDO PRESWYL
RESIDENTIAL PROPERTY TRIBUNAL
Reference: RPT/0022/03/22
In the Matter of premises at 14, Alexander Street, Blaina, Abertillery, NP13 3HE
APPLICANTS: John Filsell and Jane Filsell
RESPONDENT: Blaenau Gwent County Borough Council
Decision on costs.
Order:
It is ordered that the Respondent Council do reimburse the Applicants the fee of £150
within 14 days of the date of this decision.
1. The Applicants are the owners of 14 Alexandra Street, Blaina, Abertillery, NP13 3HE
(“the property”) which was previously occupied by a couple who each had children,
resulting in the property being occupied by ten occupants including eight children.
The original tenant and five children had lived at the property for around five years
subject to a tenancy agreement. The tenant entered into a relationship with another
woman who moved in with her three children in March 2021 without the knowledge
or consent of the applicants, who became aware of the situation in July 2021.
2. The Applicants issued a notice under section 21 of the Housing Act 1988 to the tenant
in July 2021 to seek to recover possession of the house as a result of the
overcrowding and owing to further allegations about the tenant’s aggressive
behaviour and damage to the house. Although that notice expired in January 2022,
the tenant and other occupiers remained in the house. The Applicants took legal
action at Blackwood County Court who served a notice of issue of Accelerated
Possession proceedings on 6th February 2022 with a hearing date of 6th April, at which
the tenant and occupiers were ordered to leave by 11th May 2022. They left on 31st
May 2022 when the Applicants were due to arrive with the bailiffs to enforce the
order.
3. The Applicants say that when they became aware of the overcrowding in July 2021
that they raised this with the Council, and specifically with the social worker for the
tenant’s children who assured them that he had reported the potential overcrowding
to the relevant Council department in March 2021.
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