Flat E, 30 Porchester Square, London, W2 6AN - ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00BK_HMF_2020_0132 (29 March 2022)

Flat E, 30 Porchester Square, London, W2 6AN - ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00BK_HMF_2020_0132 (29 March 2022)

The Tribunal found that the respondent let the property without the required licence, thereby committing an offence under section 72(1) of the Housing Act 2004, entitling the applicant to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Citation
[2022] UKFTT LON_00BK_HMF_2020_0132
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Michael Osei
Jurisdiction
England and Wales
Judgment Date
29 March 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, Penalties for Unlicensed Letting
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation Penalties for Unlicensed Letting

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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 letting the property as a house in multiple occupation
  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 Tribunal found that the respondent let the property without the required licence, thereby committing an offence under section 72(1) of the Housing Act 2004, entitling the applicant 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 by way of rent repayment order