A Portsmouth landlord has successfully challenged what he called ‘unnecessary’ conditions attached to his Houses in Multiple Occupation (HMO) licences in a case that has implications for the city’s licensing scheme.
Simon Fletcher, who lets two student properties appealed against multiple conditions imposed by Portsmouth City Council, arguing they were overly prescriptive and created an unfair administrative burden.
The First-tier Tribunal, which heard the case over three days in March 2025, described Mr Fletcher as a ‘diligent landlord and manager’ who runs his business from his home address. The tribunal found he was “an honest witness” and accepted that his administrative practices differ from professional letting agents but provide a “unique selling point” for his business.
The tribunal removed two conditions entirely. Condition 22, requiring landlords to provide copies of tenancy agreements to the council, was deleted as a duplication of other requirements.
Most significantly, Condition 24 – which required landlords to provide contact details to “‘adjoining properties’ – was struck out . The tribunal accepted Mr Fletcher’s argument that this was impractical, noting that ‘occupants of HMO properties may change frequently’ and identifying neighbours could be problematic.
The tribunal also deleted wording from Condition 7 that directed landlords to a commercial website listing “competent persons” for gas and electrical work, accepting this could be misleading.
However, most conditions were upheld, including requirements to keep written anti-social behaviour procedures and maintain inspection records. The tribunal ruled these were “reasonable and prudent” for a landlord business.
The case was supported by the Portsmouth and District Private Landlords’ Association, whose chairman Martin Silman gave evidence about the scheme’s impact. The appeal was limited to the two specific properties, with the tribunal clarifying its findings had ‘no broader application’ to all Portsmouth licences.
Councillors were told the conditions were designed to align mandatory licensing with other city schemes and address anti-social behaviour concerns identified through consultation.
A related Upper Tribunal case in November 2025 involving another Portsmouth landlord, Elizabeth Collins, saw the tribunal criticise the First-tier for not properly engaging with council guidelines.
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