Terra Firma Chambers’ David Logan successfully represented  the appellant in an appeal before the Sheriff Appeal Court regarding HMO Licenses.

In McKean v Dundee City Council the holder of HMO licences was refused validation on the basis that there were defects in the paperwork submitted. The defects were of two types, firstly in respect of Gas Safety Certificates that had been altered in the period before the appellant held the licence and secondly in respect of PAT certificates which had been filled in incorrectly.

The decision of the Sheriff Appeal Court found that a concession that had been made that the appellant did not know of either alteration was key and that for a person to be found not a “fit and proper person” there requires to be a focus on the degree of personal culpability.  Although the PAT certificates had been filled in incorrectly “on her watch” this was not enough in itself to justify a conclusion that she was not a fit and proper person.

There are currently no reported cases concerning the operation of s130(1) of the Housing (S) Act 2006 but it is to be hoped that the statement of reasons to be issued by the Court for granting the appeal will give Councils and indeed those advising applicants useful guidance as to how such cases should be determined.