Clara Feige Vila Moreira & Ors v Nicholas and Varuni Morrison

Clara Feige Vila Moreira & Ors v Nicholas and Varuni Morrison

A rent repayment order under section 44 of the Housing and Planning Act 2016 must be calculated by reference to the rent actually paid by the applicant tenants during the relevant period, not the whole rent for which they were jointly and severally liable. The statutory language and the concept of 'repayment' require this construction.

Parties
Appellant: Clara Feige Vila Moreira; Appellant: Zachary Ganny Adeola Gbadebo; Appellant: Piper Louise Sarah Samuel; Respondent: Nicholas Morrison; Respondent: Varuni Morrison
Jurisdiction
England and Wales
Judgment Date
21 September 2023
Procedural Posture
Appeal / Upper Tribunal Determination of Appeal From First Tier Tribunal
Outcome
Appeal dismissed
Legal Topics
Rent Repayment Orders, Houses in Multiple Occupation, Statutory Interpretation, Joint and Several Liability
Housing Law Landlord and Tenant Law Rent Repayment Orders Houses in Multiple Occupation Statutory Interpretation Joint and Several Liability

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Parties

Clara Feige Vila Moreira

Appellant

Zachary Ganny Adeola Gbadebo

Appellant

Piper Louise Sarah Samuel

Appellant

Nicholas Morrison

Respondent

Varuni Morrison

Respondent

Procedural Posture

Appeal / Upper Tribunal Determination of Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether a rent repayment order should be calculated by reference to the whole rent or only the rent actually paid by the applicant tenants
  2. 2 Interpretation of section 44 of the Housing and Planning Act 2016 regarding 'rent paid'

Ratio Decidendi

A rent repayment order under section 44 of the Housing and Planning Act 2016 must be calculated by reference to the rent actually paid by the applicant tenants during the relevant period, not the whole rent for which they were jointly and severally liable. The statutory language and the concept of 'repayment' require this construction.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal is upheld.