Flat 1_51A Nimrod Road - Ref ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00BJ_HMG_2022_0012 (13 February 2023)

Flat 1_51A Nimrod Road - Ref ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00BJ_HMG_2022_0012 (13 February 2023)

The Tribunal found that the respondent was required to hold a licence for the property and failed to do so, constituting an offence under the Housing Act 2004. The applicant was entitled to a rent repayment order for the relevant period, subject to any deductions for mitigating circumstances.

Citation
[2023] UKFTT LON_00BJ_HMG_2022_0012
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
13 February 2023
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, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Properties

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Parties

Applicant (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the respondent was required to hold a licence under the Housing Act 2004 for the property in question
  2. 2 Whether the respondent committed an offence by controlling or managing an unlicensed house
  3. 3 Whether a rent repayment order should be made and the quantum of such order

Ratio Decidendi

The Tribunal found that the respondent was required to hold a licence for the property and failed to do so, constituting an offence under the Housing Act 2004. The applicant was entitled to a rent repayment order for the relevant period, subject to any deductions for mitigating circumstances.

Court Disposition

Rent repayment order granted

Orders

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