Flat 2. Block A. City View Jesmond, Eskdale Terrace, Newcastle upon Tyne NE2 4DD ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT RP_MAN_00CJ_HMF_2019_0035 (15 January 2020)

The Tribunal found that the landlord had committed an offence by managing an unlicensed HMO and that a rent repayment order was appropriate, taking into account the statutory factors.

Citation: [2020] UKFTT RP_MAN_00CJ_HMF_2019_0035
Parties: Applicant: Applicant (Tenant); Respondent: Respondent (Landlord)
Jurisdiction: England and Wales
Judgment Date: 15 January 2020
Procedural Posture: Rent Repayment Order / Final Decision
Outcome: Rent repayment order granted
Legal Topics: Rent Repayment Order, Licensing of Houses in Multiple Occupation, Breach of Housing Act 2004, Housing and Planning Act 2016

Housing Law Landlord and Tenant Rent Repayment Order Licensing of Houses in Multiple Occupation Breach of Housing Act 2004 Housing and Planning Act 2016

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Parties

Applicant (Tenant)

Applicant

Respondent (Landlord)

Respondent

Procedural Posture

Rent Repayment Order / Final Decision

Legal Issues

1 Whether the landlord committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation
2 Whether a rent repayment order should be made under section 41 of the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the landlord had committed an offence by managing an unlicensed HMO and that a rent repayment order was appropriate, taking into account the statutory factors.

Court Disposition

Rent repayment order granted

Orders

The landlord must pay the tenant a specified sum by way of rent repayment order.