44 Rathmore Road, London, SE7 7QW ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AL_HMF_2022_0139 (3 February 2023)

44 Rathmore Road, London, SE7 7QW ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AL_HMF_2022_0139 (3 February 2023)

The Tribunal found that the landlord operated the property as an unlicensed HMO and therefore committed an offence under section 72(1) of the Housing Act 2004, justifying a rent repayment order under the Housing and Planning Act 2016.

Source-derived case information.

Citation
[2023] UKFTT LON_00AL_HMF_2022_0139
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
03 February 2023
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

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Parties

Applicant (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Decision

  1. 1 Whether the landlord committed an offence under 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 Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the landlord operated the property as an unlicensed HMO and therefore committed an offence under section 72(1) of the Housing Act 2004, justifying a rent repayment order under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

  • Landlord to repay specified rent to applicant