22 Park View Court, Bath Street, Nottingham NG1 1DD ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00FY_HMK_2020_0038 (23 September 2020)
The respondent let the property without the required licence, constituting an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order for the period of unlicensed letting.
- Citation
- [2020] UKFTT BIR_00FY_HMK_2020_0038
- Parties
- Applicant: Mr. Daniel Osei; Respondent: Mr. John Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 23 September 2020
- Procedural Posture
- Rent Repayment Order Application / Final Determination
- Outcome
- Rent repayment order granted
- Legal Topics
- Rent Repayment Orders, Licensing of Houses, Penalties for Unlicensed Letting
Case Brief
Summary, issues, holding and outcome
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Parties
Mr. Daniel Osei
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 under the Housing Act 2004 for the property.
- 2 Whether the respondent failed to comply with the licensing requirement.
- 3 Whether the applicant is entitled to a rent repayment order under the Housing and Planning Act 2016.
Ratio Decidendi
The respondent let the property without the required licence, constituting an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order for the period of unlicensed letting.
Court Disposition
Rent repayment order granted
Orders
- The respondent must pay the applicant £4,200 as a rent repayment order.
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