3 Heaton Drive, Sutton Coldfield, West Midlands, B74 2QZ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00CN_HMJ_2022_0003 (27 October 2022)
The Tribunal found that the respondent had let the property without the required licence, constituting an offence under section 72(1) of the Housing Act 2004, and therefore the applicant was entitled to a rent repayment order.
- Citation
- [2022] UKFTT BIR_00CN_HMJ_2022_0003
- Parties
- Applicant: Mr. Daniel O'Brien; Respondent: Mr. John Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 27 October 2022
- Procedural Posture
- Rent Repayment Order Application / Final Determination
- Outcome
- Rent repayment order granted
- Legal Topics
- Rent Repayment Orders, Licensing of Houses, Penalties for Unlicensed Properties
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 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
- 2 Whether the applicant is entitled to a rent repayment order under the Housing and Planning Act 2016
Ratio Decidendi
The Tribunal found that the respondent had let the property without the required licence, constituting an offence under section 72(1) of the Housing Act 2004, and therefore the applicant was entitled to a rent repayment order.
Court Disposition
Rent repayment order granted
Orders
- The respondent must pay the applicant £4,800 as a rent repayment order
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