Marek Kowalek v Hassanein Limited

Marek Kowalek v Hassanein Limited

A rent repayment order cannot include rent paid after the landlord ceased committing the relevant offence, even if the payment relates to rent due during the offending period. The conduct of the tenant, including rent arrears, is a proper consideration in determining the amount of the order.

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

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether a rent repayment order can include rent paid after the landlord ceased committing the licensing offence if it relates to the offending period
  2. 2 Whether the £2,000 payment made by the tenants after the offence period should be included in the rent repayment order
  3. 3 Whether tenant rent arrears can be considered as 'conduct' under section 44(4) of the Housing and Planning Act 2016 when determining the amount of a rent repayment order

Ratio Decidendi

A rent repayment order cannot include rent paid after the landlord ceased committing the relevant offence, even if the payment relates to rent due during the offending period. The conduct of the tenant, including rent arrears, is a proper consideration in determining the amount of the order.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.