293 Heeley Road, Birmingham, B29 6EL (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_BIR_00CN_HMK_2019_0005 (21 May 2019)
The Tribunal found that the landlord had committed the relevant offence by managing or controlling an unlicensed HMO and that the applicant was entitled to a rent repayment order for the period during which the offence was committed.
- Citation
- [2019] UKFTT RP_BIR_00CN_HMK_2019_0005
- Parties
- Applicant: Applicant(s); Respondent: Respondent(s)
- Jurisdiction
- England and Wales
- Judgment Date
- 21 May 2019
- Procedural Posture
- Rent Repayment Order Application / First Tier Tribunal Decision
- Outcome
- Application granted
- Legal Topics
- Rent Repayment Orders, Licensing Offences, Housing Act 2004, Housing and Planning Act 2016
Case Brief
Summary, issues, holding and outcome
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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 landlord committed an offence under the Housing Act 2004 by controlling or managing an unlicensed house in multiple occupation (HMO)
- 2 Whether the applicant is entitled to a rent repayment order under the Housing and Planning Act 2016
Ratio Decidendi
The Tribunal found that the landlord had committed the relevant offence by managing or controlling an unlicensed HMO and that the applicant was entitled to a rent repayment order for the period during which the offence was committed.
Court Disposition
Application granted
Orders
- The respondent is ordered to pay the applicant a specified sum by way of a rent repayment order.
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