19 St. Margaret Road, Coventry CV1 2BT ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2020] UKFTT BIR_00CQ_HMK_2020_0044 (23 October 2020)
The respondent failed to obtain the required licence for the property, which was used as a house in multiple occupation, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order.
- Citation
- [2020] UKFTT BIR_00CQ_HMK_2020_0044
- Parties
- Applicant: Mr. Daniel Osei; Respondent: Mr. Mohammed Aslam
- Jurisdiction
- England and Wales
- Judgment Date
- 23 October 2020
- 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 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 comply with the licensing requirements
- 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, which was used as a house in multiple occupation, and therefore committed an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order.
Court Disposition
Rent repayment order granted
Orders
- The respondent must pay the applicant £4,320 by way of rent repayment order
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