160C Muswell Hill Road, N10 3NG ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AP_HMF_2022_0102 (16 January 2023)

160C Muswell Hill Road, N10 3NG ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AP_HMF_2022_0102 (16 January 2023)

The Tribunal found that the landlord committed the relevant offence by operating an unlicensed HMO and that a rent repayment order is justified under the statutory framework.

Citation
[2023] UKFTT LON_00AP_HMF_2022_0102
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
16 January 2023
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Determination
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

Case Brief

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Parties

Applicant (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Determination

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 landlord committed the relevant offence by operating an unlicensed HMO and that a rent repayment order is justified under the statutory framework.

Court Disposition

Application granted

Orders

  • Respondent to pay a rent repayment order to the applicant