36 Cobden Street, Derby, DE22 3GX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00FK_HMF_2022_0006 (22 November 2022)

The Tribunal found that the respondent was in control or management of an unlicensed HMO during the relevant period and that the statutory criteria for making a rent repayment order were satisfied.

Citation: [2022] UKFTT BIR_00FK_HMF_2022_0006
Parties: Applicant: Applicant (Name not provided); Respondent: Respondent (Name not provided)
Jurisdiction: England and Wales
Judgment Date: 22 November 2022
Procedural Posture: Rent Repayment Order Application / First Tier Tribunal Decision
Outcome: Rent repayment order granted
Legal Topics: Rent Repayment Orders, Licensing of Houses in Multiple Occupation, Housing Act 2004, Housing and Planning Act 2016

Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Housing Act 2004 Housing and Planning Act 2016

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Parties

Applicant (Name not provided)

Applicant

Respondent (Name not provided)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Decision

Legal Issues

1 Whether the landlord committed an offence under the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation (HMO)
2 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the respondent was in control or management of an unlicensed HMO during the relevant period and that the statutory criteria for making a rent repayment order were satisfied.

Court Disposition

Rent repayment order granted

Orders

Respondent to pay the applicant a specified sum by way of rent repayment order