Flat 9, Rundell Tower, Portland Grove, London SW8 1JB ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AY_HMB_2021_0014 (7 June 2022)

Flat 9, Rundell Tower, Portland Grove, London SW8 1JB ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AY_HMB_2021_0014 (7 June 2022)

The respondent failed to obtain a licence for the property as required by the Housing Act 2004, and the applicant is entitled to a rent repayment order for the period during which the property was unlicensed.

Citation
[2022] UKFTT LON_00AY_HMB_2021_0014
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
07 June 2022
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. 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 failed to hold 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 a licence for the property as required by the Housing Act 2004, and the applicant is 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 £4,800 within 28 days.