Flat 11 Nestor House, Old Bethnal Green Road, London E2 6QU (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2018] UKFTT RP_LON_00BG_HMB_2018_0002 (17 December 2018)

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

Citation: [2018] UKFTT RP_LON_00BG_HMB_2018_0002
Parties: Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction: England and Wales
Judgment Date: 17 December 2018
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 (unnamed)

Applicant

Respondent (unnamed)

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 an unlicensed HMO and that a rent repayment order was justified under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

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