Investview Limited v Tandridge District Council
Decision date: 11 December 2025
Neutral citation: [2025] UKUT 405 (LC)
Overall AI summary confidence: medium
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: medium
This appeal concerns prohibition orders served on 15 self-contained flats at Survey House for a Category 2 "crowding and space" hazard under the HHSRS, upheld by the First-tier Tribunal. The FTT rejected the use of HMO size standards by analogy for self-contained flats, accepted NDSS and the Metric Handbook as relevant comparators, and accepted the local authority's HHSRS scoring placing the hazard in Band D, thereby upholding the orders. The appellant obtained permission to appeal to the Upper Tribunal on whether HMO standards were wrongly disregarded and whether the HHSRS calculation was properly accepted.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
The FTT recorded and applied a principle that HMO-derived space standards, being created for a distinct regulatory regime, are not of weight when assessing crowding and space hazards under the HHSRS for self-contained flats; instead, nationally prescribed space standards (NDSS) and recognized design guides such as the Metric Handbook may be treated as appropriate comparators in such HHSRS assessments.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The FTT observed (without treating it as determinative) that compliance with planning permission or building regulations does not necessarily preclude a finding of an HHSRS crowding and space hazard, and noted the possible influence of Decent Homes inspections and the adoption of NPSS/NDSS in planning guidance on HHSRS assessments.