Basement Flat 133 Fellows Road, London NW33JJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AG_HMB_2021_0009 (5 August 2022)

Basement Flat 133 Fellows Road, London NW33JJ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AG_HMB_2021_0009 (5 August 2022)

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

Citation
[2022] UKFTT LON_00AG_HMB_2021_0009
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Michael Osei
Jurisdiction
England and Wales
Judgment Date
05 August 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. Michael Osei

Respondent

Procedural Posture

Rent Repayment Order Application / Final Determination

Legal Issues

  1. 1 Whether the respondent was required to obtain 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 respondent failed to obtain the required licence for the property, constituting an offence under section 72(1) of the Housing Act 2004, and the applicant is 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 £7,800 as a rent repayment order