19 Chester Road, Newcastle upon Tyne, NE2 1AT ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00CJ_HMF_2019_0032 (11 October 2019)

19 Chester Road, Newcastle upon Tyne, NE2 1AT ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00CJ_HMF_2019_0032 (11 October 2019)

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and therefore committed an offence under section 72(1) of the Housing Act 2004, justifying a rent repayment order.

Citation
[2019] UKFTT RP_MAN_00CJ_HMF_2019_0032
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent (name not specified)
Jurisdiction
England and Wales
Judgment Date
11 October 2019
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Decision
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation, Penalties for Unlicensed Property
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Property

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Parties

Applicant(s) (names not specified)

Applicant

Respondent (name not specified)

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 for the property in question
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed HMO
  3. 3 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and therefore committed an offence under section 72(1) of the Housing Act 2004, justifying a rent repayment order.

Court Disposition

Rent repayment order granted

Orders

  • Respondent to repay rent to the applicant(s)