79 Alton Road, Selly Oak, Birmingham, B29 7DX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00CN_HMK_2020_0022 (5 August 2020)

79 Alton Road, Selly Oak, Birmingham, B29 7DX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00CN_HMK_2020_0022 (5 August 2020)

The tribunal found that the respondent was required to hold a licence for the property, failed to do so, and thereby committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Citation
[2020] UKFTT BIR_00CN_HMK_2020_0022
Parties
Applicant: Miss Sian Evans; Respondent: Mr Mohammed Aslam
Jurisdiction
England and Wales
Judgment Date
05 August 2020
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

Miss Sian Evans

Applicant

Mr Mohammed Aslam

Respondent

Procedural Posture

Rent Repayment Order Application / Final Determination

Legal Issues

  1. 1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004
  3. 3 Whether the applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016

Ratio Decidendi

The tribunal found that the respondent was required to hold a licence for the property, failed to do so, and thereby committed an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Court Disposition

Application granted

Orders

  • The respondent must pay the applicant a rent repayment order for the period during which the property was unlicensed