Flat 2, 1 Alpha Terrace, North Sherwood Street, Nottingham, Nottinghamshire NG1 4EP (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_BIR_00FY_HMK_2019_0014 (18 June 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 circumstances.

Citation: [2019] UKFTT RP_BIR_00FY_HMK_2019_0014
Parties: Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction: England and Wales
Judgment Date: 18 June 2019
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 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