Flat 56, 30 Barking Road London E16 1GQ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00BB_HMF_2022_0158 (16 January 2023)

Flat 56, 30 Barking Road London E16 1GQ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00BB_HMF_2022_0158 (16 January 2023)

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 the rent paid during that period.

Citation
[2023] UKFTT LON_00BB_HMF_2022_0158
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Abdul Rahman
Jurisdiction
England and Wales
Judgment Date
16 January 2023
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Hmos, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Hmos Penalties for Unlicensed Properties

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Parties

Mr. Daniel Osei

Applicant

Mr. Abdul Rahman

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 the rent paid during that period.

Court Disposition

Rent repayment order granted

Orders

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