49c St. Pauls Avenue, London, NW2 5SY - REF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AE_HMF_2021_0051 (7 February 2022)

49c St. Pauls Avenue, London, NW2 5SY - REF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AE_HMF_2021_0051 (7 February 2022)

The Tribunal found that the respondent was required to hold a licence for the property and failed to do so, constituting an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order under the Housing and Planning Act 2016.

Citation
[2022] UKFTT LON_00AE_HMF_2021_0051
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Michael Osei
Jurisdiction
England and Wales
Judgment Date
07 February 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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 failed to obtain such a licence
  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, constituting an offence under section 72(1) of the Housing Act 2004. The applicant was entitled to a rent repayment order under 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