Flat B, 30 Magdala Road, Nottingham, NG3 5DF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HSH_2020_0003 (12 November 2020)

The Tribunal found that the landlord had committed an offence by managing an unlicensed HMO and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Citation: [2020] UKFTT BIR_00FY_HSH_2020_0003
Parties: Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction: England and Wales
Judgment Date: 12 November 2020
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 section 72(1) of 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 section 44 of the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the landlord had committed an offence by managing an unlicensed HMO and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

Landlord to repay rent to the applicant tenant