202 Russell Road, Nottingham, Nottinghamshire, NG7 6GW ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2020_0041 (23 December 2020)

202 Russell Road, Nottingham, Nottinghamshire, NG7 6GW ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2020_0041 (23 December 2020)

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. As a result, a rent repayment order was appropriate under the Housing and Planning Act 2016.

Citation
[2020] UKFTT BIR_00FY_HMK_2020_0041
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
23 December 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
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 in question
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation
  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. As a result, a rent repayment order was appropriate under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant a specified sum by way of a rent repayment order