Apartment 16 Nightingale House, Ockbrook Drive, Mapperley, Nottingham NG3 6AT ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2020_0021 (2 September 2020)

The Tribunal found that the landlord had committed an offence by letting the property without the required HMO licence and that a rent repayment order was appropriate under the circumstances.

Citation: [2020] UKFTT BIR_00FY_HMK_2020_0021
Parties: Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction: England and Wales
Judgment Date: 02 September 2020
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 Letting

Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Letting

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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 section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation
2 Whether a rent repayment order should be made under section 41 of the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the landlord had committed an offence by letting the property without the required HMO licence and that a rent repayment order was appropriate under the circumstances.

Court Disposition

Rent repayment order granted

Orders

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