Flat 12, Newton House, Abbey Road, London NW8 0AH ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AG_HMG_2020_0007 (14 November 2022)

Flat 12, Newton House, Abbey Road, London NW8 0AH ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AG_HMG_2020_0007 (14 November 2022)

The respondent failed to obtain the required HMO licence for Flat 12 during the relevant period, constituting an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order for rent paid during the period of non-compliance.

Citation
[2022] UKFTT LON_00AG_HMG_2020_0007
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Michael Osei
Jurisdiction
England and Wales
Judgment Date
14 November 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 hold a licence for Flat 12 under the Housing Act 2004
  2. 2 Whether the respondent failed to hold such a licence during the relevant period
  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 HMO licence for Flat 12 during the relevant period, constituting an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order for rent paid during the period of non-compliance.

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant £7,800 as a rent repayment order