Unlawfulness of Council’s Request to Remove Wardrobe and Chest of Drawers from Communal Room

Introduction

This letter responds to the council’s request for the removal of a wardrobe and chest of drawers from a communal room in an HMO property. Upon careful review of the statutory framework governing HMOs, it is submitted that:

  • There is no legislative basis authorising such a demand;

  • The request constitutes an unlawful overreach of enforcement powers;

  • The removal would be contrary to the landlord’s legal duties under the Housing Act 2004 and the Management of Houses in Multiple Occupation (England) Regulations 2006;

  • Depriving tenants of necessary furniture would diminish the usability of the property, reduce hygiene and tidiness, and increase hazards that landlords are legally required to prevent.

1. Legislative Framework

The management and regulation of HMOs are primarily governed by:

  • Housing Act 2004;

  • Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 2006 No. 372);

  • Housing Health and Safety Rating System (HHSRS), as set out in Schedule 1 of the Housing Act 2004.

The relevant duties imposed on landlords include:

a) Management of Houses in Multiple Occupation (England) Regulations 2006

  • Regulation 6: Requires that common parts (including communal rooms) are maintained in:

    “good and clean decorative repair; safe and working condition; and kept reasonably clear from obstruction.”

  • Regulation 4(3): Obligates the manager to:

    “take all such measures as are reasonably required to protect the occupiers of the HMO from injury, having regard to — (a) the design of the HMO; (b) the structural conditions in the HMO; and (c) the number of occupiers.”

b) Housing Health and Safety Rating System (HHSRS)

The HHSRS requires landlords to assess and mitigate risks associated with:

  • Personal injury,

  • Psychological harm,

  • Lack of adequate living conditions (including overcrowding and insufficient storage).

The system explicitly categorizes certain risks as hazards, such as overcrowding, stress, and accidents, which landlords are required to avoid or minimize.

2. No Legal Basis for Removal of Furniture

Nowhere in the Housing Act 2004, the HMO Management Regulations, or HHSRS is there any statutory provision:

  • Mandating the removal of specific items of furniture such as wardrobes or drawers from communal spaces;

  • Authorizing the council to compel a landlord to do so absent a demonstrated hazard.

The legislation imposes duties to ensure that communal areas:

  • Are safe,

  • Are free of hazards, and

  • Remain reasonably usable and accessible.

There is no provision granting the council authority to regulate or dictate the exact contents of a communal room where:

  • The furniture does not obstruct escape routes;

  • There is no fire hazard presented;

  • The room remains functional, safe, and accessible for tenant use.

Unless the council can demonstrate that the furniture constitutes a hazard under the HHSRS or obstructs safe egress, there is no lawful basis for their request.

3. Lawful Use, Practical Functionality, and Tenant Welfare

The communal room serves a shared function among tenants and the furniture in question — namely a wardrobe and chest of drawers — enhances the usability and functionality of the space by:

  • Providing overflow storage capacity for tenants who may have insufficient personal storage in their individual rooms;

  • Allowing tenants to safely and neatly store personal items that would otherwise clutter their living areas or communal spaces.

In the context of HMO living, where private room sizes can be limited, overflow storage in communal areas is critical to maintaining:

  • A safe, tidy, and uncluttered environment;

  • The tenants’ ability to enjoy adequate storage without overcrowding their sleeping quarters;

  • Psychological well-being, by reducing clutter and disorganization, both of which are recognised under the HHSRS as potential causes of stress and mental health hazards.

Crucially, depriving tenants of this storage furniture would not only diminish the functionality of the house but would also make it substantially more difficult to keep the communal areas tidy and hazard-free, directly contravening the landlord’s duties under Regulation 6 to maintain the common areas in a clean and safe condition.

Therefore, by demanding the removal of the wardrobe and drawers, the council is actually requesting a measure that would:

  • Reduce the functionality of the property;

  • Increase the risk of untidiness, clutter, and trip hazards;

  • Exacerbate psychological and physical risks to tenants;

  • Directly undermine the landlord’s obligations to ensure that the property is maintained to a legally compliant standard under the Housing Act 2004 and HMO Management Regulations 2006.

4. Overreach and Ultra Vires Action

It is a well-established principle of public law that a public body may only exercise those powers which are explicitly granted to it by statute (Attorney General v Fulham Corporation [1921] 1 Ch 440).

Where an authority acts without statutory authority, its actions are ultra vires (beyond its legal powers) and hence unlawful.

Since there is no provision in the applicable law authorising the council to dictate the removal of wardrobes and drawers in communal areas, such a demand would be an act beyond the council’s statutory powers and would be unlawful.

Should the council attempt to enforce such a demand without clear legal basis, it would expose itself to a challenge by:

  • Appeal to the First-tier Tribunal (Property Chamber), or

  • Judicial Review for acting outside of its powers.

5. Breach of Landlord’s Statutory Duties

Complying with the council’s request would likely cause the landlord to:

  • Breach Regulation 4(3) of the HMO Management Regulations by failing to take reasonable steps to protect occupiers from injury and harm;

  • Fail to maintain the property in a condition that minimises risks under the HHSRS, such as those related to lack of sufficient storage, cluttered environments, and psychological stress.

Removing valuable storage space would therefore be inconsistent with the landlord’s positive statutory duties and would potentially expose tenants to increased hazards — a direct contradiction of the Housing Act’s objectives.

6. Conclusion

  • There is no statutory basis empowering the council to mandate the removal of wardrobes or drawers from a communal room;

  • The request constitutes an unlawful overreach of the council’s enforcement powers;

  • Complying with the request would likely place the landlord in breach of statutory obligations under:

    • The Housing Act 2004,

    • The Management of Houses in Multiple Occupation (England) Regulations 2006, and

    • The Housing Health and Safety Rating System (HHSRS);

  • Removal would reduce tenant welfare, deprive them of essential storage, diminish the functionality of the house, make tidiness difficult to maintain, and increase hazards that the law seeks to prevent;

  • The council’s request is not only unsupported by law but contrary to law and hence unlawful.

 

Key Legislative References

  • Housing Act 2004, including Schedule 1 — HHSRS.

  • Management of Houses in Multiple Occupation (England) Regulations 2006, Regulations 4(3) and 6.

  • Attorney General v Fulham Corporation [1921] 1 Ch 440 (principle of ultra vires action).

  • LACORS Fire Safety Guidance 2008 (by extension for fire safety principles).