293 Heeley Road, Birmingham, B29 6EL (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_BIR_00CN_HMK_2019_0003 (21 May 2019)

293 Heeley Road, Birmingham, B29 6EL (Housing Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_BIR_00CN_HMK_2019_0003 (21 May 2019)

The respondent failed to obtain the required licence for the property during the relevant period, 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
[2019] UKFTT RP_BIR_00CN_HMK_2019_0003
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Mohammed Aslam
Jurisdiction
England and Wales
Judgment Date
21 May 2019
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Application granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation, Penalties for Non Compliance

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Parties

Mr. Daniel Osei

Applicant

Mr. Mohammed Aslam

Respondent

Procedural Posture

Rent Repayment Order Application / Final Determination

  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 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 licence for the property during the relevant period, 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

Application granted

Orders

  • The respondent is ordered to pay the applicant £4,800 by way of a rent repayment order