Room 4, 1 Sabina Close High Wycombe Bucks HP12 3HF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CAM_11UF_HMF_2020_0003 (30 July 2020)

Room 4, 1 Sabina Close High Wycombe Bucks HP12 3HF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT CAM_11UF_HMF_2020_0003 (30 July 2020)

The Tribunal found that the respondent was required to have a licence for the property, failed to obtain one, and therefore committed an offence under the Housing Act 2004. As a result, a rent repayment order was justified under the Housing and Planning Act 2016.

Citation
[2020] UKFTT CAM_11UF_HMF_2020_0003
Parties
Applicant: Applicant(s) (names not specified); Respondent: Respondent(s) (names not specified)
Jurisdiction
England and Wales
Judgment Date
30 July 2020
Procedural Posture
Rent Repayment Order Application / First Tier Tribunal Decision
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Houses, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses 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
  3. 3 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the respondent was required to have a licence for the property, failed to obtain one, and therefore committed an offence under the Housing Act 2004. As a result, 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 as determined by the Tribunal.