9 Merton Place, Birkenhead, Prenton, Merseyside, CH43 4XD (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00CB_HSE_2018_0001 (17 May 2019)

9 Merton Place, Birkenhead, Prenton, Merseyside, CH43 4XD (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00CB_HSE_2018_0001 (17 May 2019)

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 the Housing Act 2004. The applicant was entitled to a rent repayment order for the relevant period.

Citation
[2019] UKFTT RP_MAN_00CB_HSE_2018_0001
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent(s) (names not specified)
Jurisdiction
England and Wales
Judgment Date
17 May 2019
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Decision
Outcome
Application granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Properties

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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. 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 the Housing Act 2004 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 the Housing Act 2004. The applicant was entitled to a rent repayment order for the relevant period.

Court Disposition

Application granted

Orders

  • Respondent to pay a rent repayment order to the applicant for the relevant period