Flat 2 Bancroft House, Cephas Street, London, E1 4HR ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00BG_HMF_2022_0060 (24 November 2022)

The Tribunal found that the landlord had committed an offence by managing or controlling an unlicensed HMO and that a rent repayment order was appropriate in the circumstances.

Citation: [2022] UKFTT LON_00BG_HMF_2022_0060
Parties: Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction: England and Wales
Judgment Date: 24 November 2022
Procedural Posture: Rent Repayment Order Application / First Tier Tribunal Determination
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

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Parties

Applicant (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Determination

Legal Issues

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

Ratio Decidendi

The Tribunal found that the landlord had committed an offence by managing or controlling an unlicensed HMO and that a rent repayment order was appropriate in the circumstances.

Court Disposition

Rent repayment order granted

Orders

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