79 Alton Road, Selly Oak, Birmingham, B29 7DX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00CN_HMK_2020_0029 (5 August 2020)

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

Citation: [2020] UKFTT BIR_00CN_HMK_2020_0029
Parties: Applicant: Applicant(s) (names not specified); Respondent: Respondent(s) (names not specified)
Jurisdiction: England and Wales
Judgment Date: 05 August 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 Letting

Housing Law Landlord and Tenant Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Letting

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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 an offence by operating an unlicensed HMO and determined that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

The landlord is ordered to repay rent received during the relevant period to the applicant(s).