157 Murray Road, Rugby, CV21 3JR ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_44UD_HMK_2020_0020 (23 September 2020)

157 Murray Road, Rugby, CV21 3JR ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_44UD_HMK_2020_0020 (23 September 2020)

The respondent failed to obtain the required licence for the property, constituting an offence under section 72(1) of the Housing Act 2004, and the applicant is entitled to a rent repayment order.

Citation
[2020] UKFTT BIR_44UD_HMK_2020_0020
Parties
Applicant: Mr. Daniel O'Brien; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
23 September 2020
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Application granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation

Case Brief

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Parties

Mr. Daniel O'Brien

Applicant

Mr. John Smith

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 failed to comply with the licensing requirements
  3. 3 Whether the applicant is entitled to a rent repayment order

Ratio Decidendi

The respondent failed to obtain the required licence for the property, constituting an offence under section 72(1) of the Housing Act 2004, and the applicant is entitled to a rent repayment order.

Court Disposition

Application granted

Orders

  • The respondent must pay the applicant £4,800 by way of a rent repayment order