Tuesday 5th July 2022
By Appellants Notice filed 10 February 2022, the Appellant here and below, appeals HHJ Richard Roberts’ order dated 20 January 2022, sitting in Central London County Court, (1) dismissing A’s appeal from the Respondent local authority (R)’s review decision dated 23 June 2021, and (2) making a consequential costs order.
Issue: where a household occupying a room within a house with multiple occupation (HMO) seeks homelessness assistance from a Local Authority under part VII of the HA, should the applicant’s room within the HMO (R’s case) or the HMO itself (A’s case) be considered the relevant “dwelling” for the purpose of assessing overcrowding by reference to the “room standard” (s325 Housing Act 1985) and “space standard” (s326 Housing Act 1985). Section 324 Housing Act 1985 provides a dwelling is overcrowded when the number of persons sleeping in the dwelling contravenes either the “space standard” or “room standard”.
The Judge concluded the “dwelling” was A’s room within the HMO.