Flat 4, 15 York Road, Exeter, EX4 6BA ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_CHI_18UC_HMK_2019_0012 (12 November 2019)

Flat 4, 15 York Road, Exeter, EX4 6BA ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_CHI_18UC_HMK_2019_0012 (12 November 2019)

The Tribunal found that the property was required to be licensed as a house in multiple occupation and that the respondent had committed an offence by failing to obtain the required licence. The Tribunal determined that a rent repayment order was appropriate and calculated the amount to be repaid based on the rent paid during the relevant period.

Citation
[2019] UKFTT RP_CHI_18UC_HMK_2019_0012
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
12 November 2019
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Determination
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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Applicant (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Determination

Legal Issues

  1. 1 Whether the landlord was required to have a licence for the property under the Housing Act 2004
  2. 2 Whether the landlord committed an offence by controlling or managing an unlicensed house in multiple occupation
  3. 3 Whether a rent repayment order should be made and the amount to be repaid

Ratio Decidendi

The Tribunal found that the property was required to be licensed as a house in multiple occupation and that the respondent had committed an offence by failing to obtain the required licence. The Tribunal determined that a rent repayment order was appropriate and calculated the amount to be repaid based on the rent paid during the relevant period.

Court Disposition

Rent repayment order granted

Orders

  • Respondent to pay the applicant the specified amount as a rent repayment order