Landlord Richard O'Halloran is in an “unusual” legal battle with Cornwall City Council over the “wrong” classification of his rental property as an HMO and the £15,000 license fine he received for failing to obtain a licence. I won.
The case, which was heard in Superior Court and won on appeal, focused on whether five people lived on the property. 
According to court records, the five-bedroom property (pictured) at 22 Trevail Way, St Austell, had a shared kitchen and bathroom, and the five “alleged” tenants were all from the same household. Not a member.
In October 2022, the landlord, Mr O'Halloran, was sentenced to a £15,000 civil fine for not having a licence.
the defense refused
At the First Tier Tribunal hearing, Mr O'Halloran disputed that there were five tenants at the property, stating that there were only four tenants and that the fifth alleged tenant did not live there permanently. he claimed.
But the court rejected his defense but reduced the fine to £7,500.
O'Halloran said it was unclear whether Cornwall police officers had seen or interviewed the fifth resident, Doris, and if so, what evidence there was. An appeal was immediately filed.
Courts rarely interfere with the FTT's findings of fact. ”
The only evidence of her occupation was provided by Amanda Evans, a housing worker in Cornwall. She had been told about her by other tenants, but when she knocked on the door there was no answer, and on subsequent visits by police officers, they did not see her.
Judge Cooke ruled in O'Halloran's favor, saying: “The tribunal is unlikely to interfere with the FTT's (first tribunal) findings of fact, as the FTT is best placed to assess the evidence it has seen and heard and to make its findings.”
“But in this case, the problem is that there is no evidence. I am of the view that Doris discovered… The occupation of the premises was not justified on the basis of the FTT evidence and is therefore withheld.”
Read the full details of the incident.
Read more about HMO fines here.
