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
Case Brief
Summary, issues, holding and outcome
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Parties
Mr. Daniel Osei
Applicant
Mr. Mohammed Aslam
Respondent
Procedural Posture
Rent Repayment Order Application / Final Determination
Legal Issues
- 1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
- 2 Whether the respondent failed to hold such a licence during the relevant period
- 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
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