85 South Norwood Hill, London SE25 6BY ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_LON_00AH_HMF_2019_0023 (15 October 2019)

85 South Norwood Hill, London SE25 6BY ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_LON_00AH_HMF_2019_0023 (15 October 2019)

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

Citation
[2019] UKFTT RP_LON_00AH_HMF_2019_0023
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Michael Osei
Jurisdiction
England and Wales
Judgment Date
15 October 2019
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Houses, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses Penalties for Unlicensed Properties

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Parties

Mr. Daniel Osei

Applicant

Mr. Michael Osei

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 a rent repayment order should be made 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, justifying the making of 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.