Bristol City Council v Digs (Bristol) Ltd
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HON MR JUSTICE BURNETT
Areas of Law
- Administrative Law
- Property and Real Estate Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involves an appeal by Bristol City Council against the decision of a District Judge who dismissed a summons against Digs (Bristol) Limited for not obtaining a required licence for a maisonette under the Housing Act 2004. The core issue was whether the maisonette, located on the second and third floors of 12 John Street, comprised four storeys as argued by the Council or two storeys as argued by Digs. The court upheld the District Judge's decision, determining that stairs and landings do not count as storeys, thus the maisonette comprises only two storeys and does not require a licence.
Judgment
The Hon Mr Justice Burnett:
This is an appeal by way of case stated from the order of District Judge Zara of 7 October 2013 whereby he dismissed a summons brought by Bristol City Council [“the Council”] against Digs (Bristol) Limited [“Digs”]. The Council alleged that Digs had failed to obtain a licence in respect of a maisonette within 12 John Street, Bristol as required by section 55 of the Housing Act 2004 [“ the 2004 Act ”] and the Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006 (SI 2006 No 371) [“the 2006 Order”]. That is an offence contrary to section 72 of the 2004 Act . The maisonette constituted a “house in multiple occupation” [“HMO”] for the purposes of the statutory scheme. Not all HMOs require a licence. The sole question was whether it fell within the description of HMOs which the statutory scheme requires to be licensed. The basis upon which the Council suggested that a licence was required was that the maisonette or any part of it comprised three storeys or more. The Council’s case was that the maisonette comprised four storeys. Digs’ case was that it comprised only two. The judge accepted the arguments advanced by Digs.
The District Judge determined the issue on the basis of evidence which was placed before him by way of admissions. They, along with various plans of 12, John Street, are annexed to the Case. It might be thought extraordinary that there could be doubt about how many storeys a maisonette comprised, but a short description of the property will immediately expose the problem. 12 John Street is a substantial house over five floors. There is a basement which at the material times was not in use and is of no significance for the purposes of the arguments before the District Judge or here. There is a maisonette on the ground and first floors and another on the second and third floors. This case concerns the maisonette on the second and third floors. Access to both maisonettes is through the front door of the house at street level where there is a shared hallway or lobby on the ground floor. The private front door to the lower maisonette is off that hallway. The lower maisonette has an internal staircase to its first floor. The front door to the upper maisonette is also off that shared hallway on the ground floor. Beyond it there is a private hallway from which the stairs go up two floors to the upper maisonette. There is a first floor landing on the way up. The stairs