Flat 501, Magnet Court, 8, Gallowgate, Newcastle upon Tyne to 0035

From the tribunal's reasons on the amount

may be made. … The case was heard by video link. … Comprehensive bundles of documents were supplied, together with skeleton arguments. … It was convenient to deal with the licensing issue as a preliminary issue, and the Tribunal heard both representatives’ arguments prior to pausing the hearing in order to determine whether Flat 501 fell within the purpose-built flat exemption from HMO licensing. … Clearly the building known as Magnet Court was not purpose built as a block of flats, having been constructed originally for non-residential purposes. … Essentially, if the flats had to be purpose-built, it must follow that the block in which they were situated must have been purpose-built. He said that the definition of a purpose-built block was indicated by earlier (unconnected) legislation in which purpose-built buildings or blocks are defined by such words as “a building which contained as constructed, and contains…” or “a building that was built as and remains…”. On this basis, Magnet Court was not purpose-built and therefore the flats within it were not covered by the exemption from licensing. … As all flats are built “on purpose” it would no longer be necessary to obtain an HMO licence for any self-contained flat created within a building which had previously been constructed for another use. …

An extract from the part of the decision that sets the amount. To keep people's names out, any sentence that might contain one is left out (marked …). The full reasons are in the original decision.

The original

• This decision on GOV.UK
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