39 Drewry Lane, Derby, DE22 3QS (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2018] UKFTT RP_BIR_00FK_HMK_2018_0005 (19 November 2018)

The Tribunal found that the property was an HMO requiring a licence, the respondent failed to obtain the licence, and the statutory criteria for a rent repayment order were satisfied.

Citation: [2018] UKFTT RP_BIR_00FK_HMK_2018_0005
Parties: Applicant: Applicant(s); Respondent: Respondent(s)
Jurisdiction: England and Wales
Judgment Date: 19 November 2018
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 Landlord and Tenant Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Properties

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Parties

Applicant(s)

Applicant

Respondent(s)

Respondent

Procedural Posture

Rent Repayment Order Application / First Tier Tribunal Decision

Legal Issues

1 Whether the property at 39 Drewry Lane, Derby, DE22 3QS was required to be licensed as a House in Multiple Occupation (HMO)
2 Whether the Respondent failed to obtain the required licence
3 Whether a rent repayment order should be made under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the property was an HMO requiring a licence, the respondent failed to obtain the licence, and the statutory criteria for a rent repayment order were satisfied.

Court Disposition

Rent repayment order granted

Orders

Respondent to pay the applicant a specified sum by way of rent repayment order