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Local authority withdraw prosecution in HMO licensing case

February 15, 2017

Stuart Jessop represented a Landlord/ Managing Agent summonsed in a local Authority prosecution against him for alleged breaches of his House in Multiple Occupation (HMO) Licence. There had already been connected proceedings under section 179(1)  and (2) of the Town and Country Planning Act 1990 for breach of an enforcement notice against the property owner.

In that connected trial the owner had been required to cease the use of the property as self contained flats as it was asserted by the Local Authority that the lawful planning use was as a single family dwelling. The agent in this HMO case was being required by the local Authority to comply with obligations pursuant to an HMO licence when in fact the use of that property for that purpose had already been said by the prosecutor to be contrary to its authorised use.

Stuart argued that the proceedings should be stayed as an abuse of process. The prosecution did not concede this point but under their continuing duty to consider the public interest in prosecutions they withdrew the case.

Testimonials

I met Stuart when I was on the opposing side in a recent licensing appeal. Since that time Woods Whur have instructed him in matters, in the most recent of which he won and had costs awarded in our client's favour. I would have no hesitation in recommending him.

Mr. P Whur, London

Mr Jessop is excellent at identifying the issue, asking relevant questions and setting out the way forward. He is friendly & approachable at all times and puts clients at ease. He elicits and analyses the evidence and advises clients clearly on the prospects of success. We recommend Mr Jessop to clients without hesitation.

Mr. G Hopkins, London

It’s not often you meet someone as tenacious as Mr Jessop. He is committed, efficient and persuasive and possess all of the qualities you could wish for from your lawyer. He is positive where others are negative, he shows dogged determination to deliver the right result for his client. I have no hesitation in recommending him - top class.

Mr. D Rogers, London

Stuart Jessop, counsel, has covered a number of difficult Licensing applications through Sanders Solicitors, including Hearings before Licensing Committees and Appeal Hearings in the Magistrates' Court. Clients have always been complementary of Mr. Jessop's advocacy and advice. He easily grasps the issues at hand and is readily forthcoming with advice on LW, Practice and Procedure.

Mr. C Turner, London

Stuart Jessop is a member of the Institute of Licensing and holds the Professional Licensing Practitioner’s Qualification (PLPQ) and has been ranked as a leading barrister (Band 3) for licensing in the independent publication The Legal 500 for 2015.

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