16 Devondale Road, Liverpool, L18 1LY ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00BY_HMG_2019_0027 (10 December 2019)

16 Devondale Road, Liverpool, L18 1LY ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00BY_HMG_2019_0027 (10 December 2019)

The Tribunal found that the property was required to be licensed as a house in multiple occupation, the landlord failed to obtain the required licence, and therefore a rent repayment order is justified under the Housing and Planning Act 2016.

Citation
[2019] UKFTT RP_MAN_00BY_HMG_2019_0027
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent(s) (names not specified)
Jurisdiction
England and Wales
Judgment Date
10 December 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. 1 Whether the landlord was required to hold a licence under the Housing Act 2004 for the property at 16 Devondale Road, Liverpool, L18 1LY
  2. 2 Whether the landlord failed to obtain the required licence
  3. 3 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the property was required to be licensed as a house in multiple occupation, the landlord failed to obtain the required licence, and therefore a rent repayment order is justified under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

  • The landlord is ordered to repay rent to the applicant(s) for the relevant period during which the property was unlicensed.