3 Winston Lodge, 12a Commercial Way, Woking, Surrey, GU21 6ET ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CHI_43UM_HSE_2019_0004 (27 April 2020)

3 Winston Lodge, 12a Commercial Way, Woking, Surrey, GU21 6ET ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CHI_43UM_HSE_2019_0004 (27 April 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 section 72(1) of the Housing Act 2004. The tribunal determined that a rent repayment order was appropriate and calculated the amount based on the rent paid during the relevant period, considering statutory factors.

Citation
[2020] UKFTT CHI_43UM_HSE_2019_0004
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent (name not specified)
Jurisdiction
England and Wales
Judgment Date
27 April 2020
Procedural Posture
Rent Repayment Order Application / Decision on Application
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Properties

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Parties

Applicant(s) (names not specified)

Applicant

Respondent (name not specified)

Respondent

Procedural Posture

Rent Repayment Order Application / Decision on Application

Legal Issues

  1. 1 Whether the respondent was required to hold a licence under the Housing Act 2004 for the property
  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 and for what amount

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 section 72(1) of the Housing Act 2004. The tribunal determined that a rent repayment order was appropriate and calculated the amount based on the rent paid during the relevant period, considering statutory factors.

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant(s) the specified amount as a rent repayment order