49 Fletton Fields, Peterborough, Cambridgeshire, PE2 9DW (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2018] UKFTT RP_AM_00JA_HMB_2018_0001 (26 November 2018)

49 Fletton Fields, Peterborough, Cambridgeshire, PE2 9DW (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2018] UKFTT RP_AM_00JA_HMB_2018_0001 (26 November 2018)

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and committed an offence under section 72(1) of the Housing Act 2004. A rent repayment order was therefore appropriate.

Citation
[2018] UKFTT RP_AM_00JA_HMB_2018_0001
Parties
Applicant: Applicant(s); Respondent: Respondent(s)
Jurisdiction
England and Wales
Judgment Date
26 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. 1 Whether the respondent was required to hold a licence under the Housing Act 2004 for the property
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004
  3. 3 Whether a rent repayment order should be made and the amount to be repaid

Ratio Decidendi

The Tribunal found that the respondent was required to hold a licence for the property, failed to do so, and committed an offence under section 72(1) of the Housing Act 2004. A rent repayment order was therefore appropriate.

Court Disposition

Rent repayment order granted

Orders

  • The respondent is ordered to repay rent to the applicant for the relevant period during which the property was unlicensed.