Flat 2. Block A. City View Jesmond, Eskdale Terrace, Newcastle upon Tyne NE2 4DD ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT RP_MAN_00CJ_HMF_2019_0022 (15 January 2020)

Flat 2. Block A. City View Jesmond, Eskdale Terrace, Newcastle upon Tyne NE2 4DD ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT RP_MAN_00CJ_HMF_2019_0022 (15 January 2020)

The Tribunal found that the property required a licence under the Housing Act 2004, the landlord failed to obtain such a licence, and therefore a rent repayment order was justified under the Housing and Planning Act 2016.

Source-derived case information.

Citation
[2020] UKFTT RP_MAN_00CJ_HMF_2019_0022
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent(s) (names not specified)
Jurisdiction
England and Wales
Judgment Date
15 January 2020
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 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 landlord was required to hold a licence under the Housing Act 2004 for the property in question
  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 required a licence under the Housing Act 2004, the landlord failed to obtain such a licence, and therefore a rent repayment order was justified under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

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