First Floor Flat, 44 Cromwell Road, Bristol, BS6 5HB ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CHI_00HB_HMF_2020_0022 (4 December 2020)

First Floor Flat, 44 Cromwell Road, Bristol, BS6 5HB ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CHI_00HB_HMF_2020_0022 (4 December 2020)

The Tribunal found that the respondent was required to have a licence for the property, failed to obtain one, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order, and the amount was determined based on statutory criteria.

Source-derived case information.

Citation
[2020] UKFTT CHI_00HB_HMF_2020_0022
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
04 December 2020
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Decision
Outcome
Application granted in part
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation

Source-derived case record

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 Decision

Legal Issues

  1. 1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed HMO
  3. 3 Whether a rent repayment order should be made and the quantum of such order

Ratio Decidendi

The Tribunal found that the respondent was required to have a licence for the property, failed to obtain one, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order, and the amount was determined based on statutory criteria.

Court Disposition

Application granted in part

Orders

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