1 Kingsleigh Close, Brentford, Middlesex TW8 0PA ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AT_HMF_2021_0267 (31 March 2022)

1 Kingsleigh Close, Brentford, Middlesex TW8 0PA ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AT_HMF_2021_0267 (31 March 2022)

The Tribunal found that the respondent was required to obtain a licence for the property, failed to do so, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order for the relevant period.

Citation
[2022] UKFTT LON_00AT_HMF_2021_0267
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
31 March 2022
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 Property
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Property

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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 obtain a licence under the Housing Act 2004 for the property
  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, if so, the amount

Ratio Decidendi

The Tribunal found that the respondent was required to obtain a licence for the property, failed to do so, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order for the relevant period.

Court Disposition

Rent repayment order granted

Orders

  • Respondent to pay the applicant the sum determined by the Tribunal as a rent repayment order