293 Heeley Road, Birmingham, B29 6EL (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_BIR_00CN_HMK_2019_0006 (21 May 2019)

The Tribunal found that the landlord had committed the relevant offence by operating an unlicensed HMO and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Citation: [2019] UKFTT RP_BIR_00CN_HMK_2019_0006
Parties: Applicant: Applicant(s) (names not specified); Respondent: Respondent(s) (names not specified)
Jurisdiction: England and Wales
Judgment Date: 21 May 2019
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(s) (names 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
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 relevant offence by operating 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

Respondent to repay rent received during the relevant period as determined by the Tribunal