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A recent judgment from the Upper Tribunal (UT) in Manaquel Company Ltd v London Borough of Lambeth [2025] UKUT 97 (LC) has important implications for landlords who are appealing an improvement notice under the Housing Act 2004.
Until now, the understanding was that that when appealing an improvement notice, the condition of the property at the appeal hearing date would be the deciding factor.
As a result, landlords could:
However, the Upper Tribunal in Manaquel found that this was not the correct legal test, citing previous case law for support.
The tribunal referenced Waltham Forest London Borough Council v Hussain & Ors as relevant precedent. While the Hussain case concerned property licensing and the "fit and proper person" requirement, it used identical language to the provisions in the Housing Act 2004 that govern appeals against improvement notices.
The Hussain judgment explained how appeals should be properly considered. In this case, the court had to determine which question they needed to answer:
Given that the intention of parliament when they wrote this legislation was for the decision to be taken by the local authority, the tribunal should afford some weight to that, and the correct thing is to consider whether the authority was wrong in its decision when it made it.
From this we can say that appeals exist on a spectrum:
The court determined that the second interpretation was correct. Otherwise, the issue would become an "ever-moving target."
Applying this precedent to Manaquel, the proper approach for the tribunal was to examine whether the local authority's original decision and handling of the improvement notice was correct—not to completely rehear the matter and potentially quash the notice based on the condition of the property on the date of appeal.
For most landlords, this change is unlikely to make a difference, as they provide good quality homes that should never receive an improvement notice. Landlords should continue to conduct regular property inspections and ensure their properties remain free from hazards to ensure this continues.
For those that do receive an improvement notice though, the decision does make a successful appeal less likely. Successful appeals will now be limited to occasions where the local authority made an error at the point the notice was served.
This may also lead to more landlords asking to vary the improvement notice. This approach can:
You can find out more about local authority enforcement powers on our Resources pages.