62b Elphinstone Road, Hastings, TN34 2EB ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CHI_21UD_HMF_2020_0020 (26 October 2020)

62b Elphinstone Road, Hastings, TN34 2EB ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CHI_21UD_HMF_2020_0020 (26 October 2020)

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and committed an offence under the Housing and Planning Act 2016. The applicant was entitled to a rent repayment order for the relevant period.

Source-derived case information.

Citation
[2020] UKFTT CHI_21UD_HMF_2020_0020
Parties
Applicant: Applicant(s) (names not provided); Respondent: Respondent (name not provided)
Jurisdiction
England and Wales
Judgment Date
26 October 2020
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal 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(s) (names not provided)

Applicant

Respondent (name not provided)

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
  2. 2 Whether the respondent committed an offence under the Housing and Planning Act 2016 by controlling or managing an unlicensed house
  3. 3 Whether a rent repayment order should be made and the quantum thereof

Ratio Decidendi

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and committed an offence under the Housing and Planning Act 2016. 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 relevant period