194A Dawlish Road, Birmingham, West Midlands, B29 7AR ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00CN_HMK_2022_0008 (22 June 2022)

194A Dawlish Road, Birmingham, West Midlands, B29 7AR ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00CN_HMK_2022_0008 (22 June 2022)

The respondent committed an offence by letting the property without the required licence, and the applicant is entitled to a rent repayment order for the period during which the offence was committed.

Citation
[2022] UKFTT BIR_00CN_HMK_2022_0008
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Mohammed Aslam
Jurisdiction
England and Wales
Judgment Date
22 June 2022
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Application granted
Legal Topics
Rent Repayment Orders, Licensing of Houses, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Houses Penalties for Unlicensed Properties

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Parties

Mr. Daniel Osei

Applicant

Mr. Mohammed Aslam

Respondent

Procedural Posture

Rent Repayment Order Application / Final Determination

Legal Issues

  1. 1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
  2. 2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004
  3. 3 Whether the applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016

Ratio Decidendi

The respondent committed an offence by letting the property without the required licence, and the applicant is entitled to a rent repayment order for the period during which the offence was committed.

Court Disposition

Application granted

Orders

  • The respondent must pay the applicant £4,800 as a rent repayment order