Flat 4. 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_0025 (15 January 2020)

Flat 4. 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_0025 (15 January 2020)

The Tribunal found that the landlord had committed the offence of managing or controlling an unlicensed house in multiple occupation and that a rent repayment order was appropriate under the Housing and Planning Act 2016.

Source-derived case information.

Citation
[2020] UKFTT RP_MAN_00CJ_HMF_2019_0025
Parties
Applicant: Applicant(s) (unnamed); Respondent: Respondent(s) (unnamed)
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 Letting
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Letting

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Parties

Applicant(s) (unnamed)

Applicant

Respondent(s) (unnamed)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the landlord committed an offence under section 72(1) of the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation
  2. 2 Whether a rent repayment order should be made under section 40 of the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the landlord had committed the offence of managing or controlling an unlicensed house in multiple occupation and 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 for the relevant period to the applicant(s).