Q&As

How does the decision of Herefordshire Council v Rohde [2016] UKUT 39 (LC) clarify how a local authority's declaration as to whether a property is a house in multiple occupation (HMO) is challenged?

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Published by a ³ÉÈËÓ°Òô Local Government expert
Published on: 15 March 2016
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Under section 255 of the Housing Act 2004 (HA 2004), a local authority (LA) is provided with a power to make a house in multiple occupation (HMO) order. The tests for establishing whether a property is a HMO or not is provided by HA 2004, s 254, however, where a property does not fulfil the tests contained within ss 254(2), 254(3), 254(4) or 254(5), then the LA retains a power to declare the property to be an HMO, provided they reasonably believe that the property has 'significant use' as an HMO (HA 2004, s260). For more information of the classification of HMOs, please see our Practice Note: Houses in multiple occupation (HMOs).

The designation of a property as a HMO, as was the case in Herefordshire Council v Rohde [2016] UKUT 39 (LC) (Rohde), may be appealed to the First Tier Tribunal (FTT) by way of a

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