22 Tutbury Avenue, Coventry, CV4 7BJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00CQ_HMB_2021_0001 (9 August 2022)

22 Tutbury Avenue, Coventry, CV4 7BJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00CQ_HMB_2021_0001 (9 August 2022)

The respondent failed to obtain the required licence for the property, thereby committing an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Citation
[2022] UKFTT BIR_00CQ_HMB_2021_0001
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
09 August 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
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation

Case Brief

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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 section 41 of the Housing and Planning Act 2016

Ratio Decidendi

The respondent failed to obtain the required licence for the property, thereby committing an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Court Disposition

Rent repayment order granted

Orders

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