28 Bloomsbury Street, Birmingham, B7 5BS (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_BIR_00CN_HMK_2019_0012 (22 May 2019)

The Tribunal found that the landlord had committed the offence of managing or controlling an unlicensed HMO and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Citation: [2019] UKFTT RP_BIR_00CN_HMK_2019_0012
Parties: Applicant: Applicant (Name not provided); Respondent: Respondent (Name not provided)
Jurisdiction: England and Wales
Judgment Date: 22 May 2019
Procedural Posture: Rent Repayment Order Application / First Tier Tribunal Determination
Outcome: Rent repayment order granted
Legal Topics: Rent Repayment Orders, Licensing of Houses, Housing Act 2004, Housing and Planning Act 2016

Housing Law Rent Repayment Orders Licensing of Houses 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 Determination

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 landlord had committed the offence of managing or controlling an unlicensed HMO and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

The respondent is ordered to repay rent to the applicant for the relevant period the property was unlicensed