58 Queen Elizabeth Road, Cirencester, Gloucestershire, GL7 1DJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_CHI_23UC_HMF_2019_0007 (15 November 2019)

58 Queen Elizabeth Road, Cirencester, Gloucestershire, GL7 1DJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_CHI_23UC_HMF_2019_0007 (15 November 2019)

The Tribunal found that the respondent had committed an offence under section 72(1) of the Housing Act 2004 by managing an unlicensed HMO and that a rent repayment order was appropriate under section 40 of the Housing and Planning Act 2016.

Citation
[2019] UKFTT RP_CHI_23UC_HMF_2019_0007
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
15 November 2019
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 landlord committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation
  2. 2 Whether a rent repayment order should be made under section 40 of the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the respondent had committed an offence under section 72(1) of the Housing Act 2004 by managing an unlicensed HMO and that a rent repayment order was appropriate under section 40 of 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