84 Heyscroft Road, Withington, Manchester, M20 4UZ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00BN_HMF_2019_0073 (4 December 2019)
The respondent committed an offence under section 72(1) of the Housing Act 2004 by letting the property without the required licence, and the applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.
- Citation
- [2019] UKFTT RP_MAN_00BN_HMF_2019_0073
- Parties
- Applicant: Mr. Daniel O'Brien; Respondent: Mr. Abdul Qadir
- Jurisdiction
- England and Wales
- Judgment Date
- 04 December 2019
- Procedural Posture
- Rent Repayment Order Application / Final Determination
- Outcome
- Rent repayment order granted
- Legal Topics
- Rent Repayment Orders, Licensing of Houses in Multiple Occupation
Case Brief
Summary, issues, holding and outcome
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Parties
Mr. Daniel O'Brien
Applicant
Mr. Abdul Qadir
Respondent
Procedural Posture
Rent Repayment Order Application / Final Determination
Legal Issues
- 1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
- 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004
- 3 Whether a rent repayment order should be made under section 41 of the Housing and Planning Act 2016
Ratio Decidendi
The respondent committed an offence under section 72(1) of the Housing Act 2004 by letting the property without the required licence, and the applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.
Court Disposition
Rent repayment order granted
Orders
- The respondent must pay the applicant £4,320 by way of a rent repayment order
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