82 Whitworth Road, London SE18 3QF - ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AL_HMF_2022_0039 (25 November 2022)

82 Whitworth Road, London SE18 3QF - ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AL_HMF_2022_0039 (25 November 2022)

The Tribunal found that the respondent was required to hold a licence for the property under the Housing Act 2004, failed to do so, and thereby committed an offence under section 72(1). The Tribunal determined that it was appropriate to make a rent repayment order in favour of the applicant for the relevant period.

Source-derived case information.

Citation
[2022] UKFTT LON_00AL_HMF_2022_0039
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
25 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 in Multiple Occupation
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation

Source-derived case record

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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 at 82 Whitworth Road, London SE18 3QF
  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 under the Housing Act 2004, failed to do so, and thereby committed an offence under section 72(1). The Tribunal determined that it was appropriate to make a rent repayment order in favour of the applicant for the relevant period.

Court Disposition

Rent repayment order granted

Orders

  • The respondent is ordered to pay the applicant a specified sum by way of a rent repayment order.