32 Bullfinch Road, Basford, Nottingham, NG6 0NJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2020_0006 (11 June 2020)

32 Bullfinch Road, Basford, Nottingham, NG6 0NJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2020_0006 (11 June 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 section 72(1) of the Housing Act 2004. The Tribunal determined that a rent repayment order was appropriate and calculated the amount to be repaid based on the rent paid during the relevant period, taking into account the conduct of the parties and other statutory factors.

Citation
[2020] UKFTT BIR_00FY_HMK_2020_0006
Parties
Applicant: Applicant(s) (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
England and Wales
Judgment Date
11 June 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) (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
  2. 2 Whether the respondent committed an offence by controlling or managing an unlicensed house in multiple occupation
  3. 3 Whether a rent repayment order should be made and the quantum thereof

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 section 72(1) of the Housing Act 2004. The Tribunal determined that a rent repayment order was appropriate and calculated the amount to be repaid based on the rent paid during the relevant period, taking into account the conduct of the parties and other statutory factors.

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant(s) the specified amount as a rent repayment order