Council served housing penalty notice a day late, Upper Tribunal finds

His Honour Judge Neil Cadwallader said in his judgment the case turned on the ‘corresponding date rule’ and that since Waltham Forest was first aware of conduct deserving of an ‘intent’ notice following an inspection no 21 September, it had until midnight on 20 March 2024 to serve this, not until 21 March as happened.

Waltham Forest had served a notice on Great House (Buildings) imposing a £15,600 penalty for an offence contrary to section 72(1) Housing Act 2004 for failing to licence a house in multiple occupation.

But Waltham Forest served the notice by first class post only on 20 March 2024 and so Great House (Buildings) contended it was out of time.

The First-tier Tribunal (FTT) had rejected the council’s contention that having regard to the corresponding date rule, the time limit for the notice expired on 21 March 2024, not 20 March, and should be regarded as having been given on 21 March 2024 in the ordinary course of post.

It instead found the notice of intent would have been received in the ordinary course of post on 22 March 2024, which was too late.

Waltham Forest argued the FTT was wrong to decide the corresponding date rule did not apply and to accept that, in calculating the period of six months for which paragraph 2(1) Schedule 13A of the 2004 Act provides, the first day on which the authority has sufficient evidence should be included.

HHJ Cadwallader said: “Apart from authority, and as a matter of the ordinary use of language, this tribunal should have thought it obvious that it starts with that day: that is, first day on which the authority has sufficient evidence of the conduct is to be included in the period.”

He dismissed the argument that because an authority would become aware of misconduct only part way through the day concerned, that day should therefore not count.

HHJ Cadwallader added: “None of these authorities assists the appellant in promoting the proposition that the corresponding date rule applies in a case such as the present.

“The decision of the First-tier Tribunal that the wording of the para.2(1) Schedule 13A Housing Act 2004 excluded the application of the corresponding date rule was correct.”

Mark Smulian