Kowalek & Anor v Hassanein Ltd [2022] EWCA Civ 1041 (25 July 2022)

Kowalek & Anor v Hassanein Ltd [2022] EWCA Civ 1041 (25 July 2022)

A rent repayment order under the Housing and Planning Act 2016 can only include rent actually paid during the period when the landlord was committing the licensing offence, and the tribunal is entitled to reduce the amount of the order to reflect tenant rent arrears as relevant conduct.

Citation
[2022] EWCA Civ 1041
Parties
Applicant/appellant: Marek Kowalek; Applicant/appellant: Kahori Kowalek; Respondent: Hassanein Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2022
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal (lands Chamber)
Outcome
Appeal dismissed
Legal Topics
Rent Repayment Orders, Selective Licensing, Tenant Conduct, Statutory Interpretation
Landlord and Tenant Housing Law Civil Procedure Rent Repayment Orders Selective Licensing Tenant Conduct Statutory Interpretation

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Parties

Marek Kowalek

Applicant/appellant

Kahori Kowalek

Applicant/appellant

Hassanein Limited

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether a rent repayment order can include payments made after the landlord ceased committing the licensing offence
  2. 2 Whether tenant rent arrears can be considered as 'conduct' under section 44(4) Housing and Planning Act 2016 when determining the amount of a rent repayment order

Ratio Decidendi

A rent repayment order under the Housing and Planning Act 2016 can only include rent actually paid during the period when the landlord was committing the licensing offence, and the tribunal is entitled to reduce the amount of the order to reflect tenant rent arrears as relevant conduct.

Court Disposition

Appeal dismissed