128 Hull Road, York, YO10 3LQ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT MAN_00FF_HMF_2019_0081 (6 April 2020)

The Tribunal found that the landlord had committed the offence of managing or controlling an unlicensed HMO and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Citation: [2020] UKFTT MAN_00FF_HMF_2019_0081
Parties: Applicant: Applicant(s) (names not specified); Respondent: Respondent (name not specified)
Jurisdiction: England and Wales
Judgment Date: 06 April 2020
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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

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 Whether the landlord committed an offence under the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation (HMO)
2 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the landlord had committed the offence of managing or controlling an unlicensed HMO and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

The respondent is ordered to repay rent to the applicant(s) for the relevant period during which the property was unlicensed.