First Floor Flat 9a Carr Rd E17 5ER - Ref ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00BH_HMC_2022_0004 (10 February 2023)

First Floor Flat 9a Carr Rd E17 5ER - Ref ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00BH_HMC_2022_0004 (10 February 2023)

The Tribunal found that the landlord operated the property as an unlicensed HMO during the relevant period and that the applicant was entitled to a rent repayment order for the rent paid during that period.

Citation
[2023] UKFTT LON_00BH_HMC_2022_0004
Parties
Applicant: First Floor Flat 9a Carr Rd E17 5ER; Respondent: Unknown Respondent
Jurisdiction
England and Wales
Judgment Date
10 February 2023
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Application granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Properties

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Parties

First Floor Flat 9a Carr Rd E17 5ER

Applicant

Unknown Respondent

Respondent

Procedural Posture

Rent Repayment Order Application / Final Determination

Legal Issues

  1. 1 Whether the landlord committed an offence under 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 the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the landlord operated the property as an unlicensed HMO during the relevant period and that the applicant was entitled to a rent repayment order for the rent paid during that period.

Court Disposition

Application granted

Orders

  • The respondent must pay the applicant a rent repayment order for the specified period.