42 Gloucester Place, London, W1U 8HF - ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00BK_HTC_2022_0006 (27 July 2022)

42 Gloucester Place, London, W1U 8HF - ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00BK_HTC_2022_0006 (27 July 2022)

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

Citation
[2022] UKFTT LON_00BK_HTC_2022_0006
Parties
Applicant: Mr. Daniel O'Brien; Respondent: Mr. Michael O'Brien
Jurisdiction
England and Wales
Judgment Date
27 July 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, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Properties

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Parties

Mr. Daniel O'Brien

Applicant

Mr. Michael O'Brien

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 hold such a licence during the relevant period
  3. 3 Whether the applicant is entitled to a rent repayment order under the Housing and Planning Act 2016

Ratio Decidendi

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

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant £7,800 as a rent repayment order.