5 Cassandra Close, Coventry, West Midlands, CV4 7HN ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00CQ_HMK_2019_0060 (8 April 2020)

5 Cassandra Close, Coventry, West Midlands, CV4 7HN ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00CQ_HMK_2019_0060 (8 April 2020)

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 the making of a rent repayment order in favour of the applicant(s).

Citation
[2020] UKFTT BIR_00CQ_HMK_2019_0060
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent (name not specified)
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Determination
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 Determination

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 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 therefore committed an offence under section 72(1) of the Housing Act 2004, justifying the making of a rent repayment order in favour of the applicant(s).

Court Disposition

Rent repayment order granted

Orders

  • Respondent to pay a specified sum to the applicant(s) as a rent repayment order