17 Albany Street, Rotherham, S65 1AE ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT MAN_00CF_HNA_2019_0062 (24 April 2020)

17 Albany Street, Rotherham, S65 1AE ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT MAN_00CF_HNA_2019_0062 (24 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 statutory criteria for making a rent repayment order were satisfied.

Citation
[2020] UKFTT MAN_00CF_HNA_2019_0062
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent (name not specified)
Jurisdiction
England and Wales
Judgment Date
24 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 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 at 17 Albany Street, Rotherham, S65 1AE
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation
  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 committed an offence under section 72(1) of the Housing Act 2004. The statutory criteria for making a rent repayment order were satisfied.

Court Disposition

Rent repayment order granted

Orders

  • Respondent to repay rent received during the relevant period to the applicant(s)