3Heaton Drive, Sutton Coldfield, West Midlands, B74 2QZ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00CN_HMJ_2022_0001 (27 October 2022)

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 circumstances.

Citation: [2022] UKFTT BIR_00CN_HMJ_2022_0001
Parties: Applicant: Applicant (Name not provided); Respondent: Respondent (Name not provided)
Jurisdiction: England and Wales
Judgment Date: 27 October 2022
Procedural Posture: Rent Repayment Order Application / First Tier Tribunal Decision
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 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 landlord had committed the offence of managing or controlling an unlicensed HMO and that a rent repayment order was appropriate under the circumstances.

Court Disposition

Rent repayment order granted

Orders

The respondent must pay the applicant a specified sum by way of rent repayment order