109 Broadley Street, London NW88BA ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_OOBK_HMB_2022_0002 (27 January 2023)

109 Broadley Street, London NW88BA ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_OOBK_HMB_2022_0002 (27 January 2023)

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

Source-derived case information.

Citation
[2023] UKFTT LON_OOBK_HMB_2022_0002
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
27 January 2023
Procedural Posture
Rent Repayment Order Application / Final Decision
Outcome
Application 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 / Final Decision

Legal Issues

  1. 1 Whether the respondent was required to obtain a licence for the property under the Housing Act 2004
  2. 2 Whether the respondent committed an offence by controlling or managing an unlicensed house
  3. 3 Whether a rent repayment order should be made and for what amount

Ratio Decidendi

The tribunal found that the respondent was required to have a licence for the property and failed to obtain one, constituting 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

Application granted

Orders

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