Room 2 at 5 Trent Road, Chelmsford, Essex CM1 2LG ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT CAM_22UF_HMF_2021_0022 (22 August 2022)

Room 2 at 5 Trent Road, Chelmsford, Essex CM1 2LG ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT CAM_22UF_HMF_2021_0022 (22 August 2022)

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

Citation
[2022] UKFTT CAM_22UF_HMF_2021_0022
Parties
Applicant: Mr. Daniel O'Brien; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
22 August 2022
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation

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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 rent repayment order should be made under Housing and Planning Act 2016

Ratio Decidendi

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

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant £4,800 as a rent repayment order.