11 Brook Court, Player Street, Nottingham, NG7 5PP ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2019_0093 (25 June 2020)

11 Brook Court, Player Street, Nottingham, NG7 5PP ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2019_0093 (25 June 2020)

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

Citation
[2020] UKFTT BIR_00FY_HMK_2019_0093
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
25 June 2020
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 Osei

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 committed an offence under section 72(1) of the Housing Act 2004
  3. 3 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 was required to hold a licence for the property and failed to do so, thereby committing an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order for the period during which the property was unlicensed.

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant £4,200 as a rent repayment order