36 Cobden Street, Derby, DE22 3GX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00FK_HMF_2022_0004 (22 November 2022)

36 Cobden Street, Derby, DE22 3GX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00FK_HMF_2022_0004 (22 November 2022)

The Tribunal found that the respondent was in control or management of an unlicensed HMO and that the statutory requirements for a rent repayment order were satisfied.

Source-derived case information.

Citation
[2022] UKFTT BIR_00FK_HMF_2022_0004
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
22 November 2022
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

Source-derived case record

Summary, issues, holding and outcome

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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 landlord committed an offence under the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation (HMO)
  2. 2 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the respondent was in control or management of an unlicensed HMO and that the statutory requirements for a rent repayment order were satisfied.

Court Disposition

Rent repayment order granted

Orders

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