36 Denstone Road, Nottingham, NG3 2AW ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00FY_HMK_2021_0038 (21 April 2022)

36 Denstone Road, Nottingham, NG3 2AW ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00FY_HMK_2021_0038 (21 April 2022)

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. The Tribunal exercised its discretion to make a rent repayment order for a specified amount, considering the conduct of the parties and relevant statutory factors.

Citation
[2022] UKFTT BIR_00FY_HMK_2021_0038
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent (name not specified)
Jurisdiction
England and Wales
Judgment Date
21 April 2022
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 36 Denstone Road, Nottingham, NG3 2AW
  2. 2 Whether the respondent committed an offence by controlling or managing an unlicensed house in multiple occupation
  3. 3 Whether a rent repayment order should be made and the quantum of such order

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. The Tribunal exercised its discretion to make a rent repayment order for a specified amount, considering the conduct of the parties and relevant statutory factors.

Court Disposition

Rent repayment order granted

Orders

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