24 The Drove, Brighton, BN1 5AF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_CHI_00ML_HMK_2019_0015 (31 October 2019)

24 The Drove, Brighton, BN1 5AF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_CHI_00ML_HMK_2019_0015 (31 October 2019)

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order under the Housing and Planning Act 2016.

Citation
[2019] UKFTT RP_CHI_00ML_HMK_2019_0015
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
31 October 2019
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Decision
Outcome
Application granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation

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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 at 24 The Drove, Brighton, BN1 5AF
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed HMO
  3. 3 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order under the Housing and Planning Act 2016.

Court Disposition

Application granted

Orders

  • Respondent to pay a rent repayment order to the applicant for the relevant period