36 Cobden Street, Derby, DE22 3GX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00FK_HMF_2022_0001 (22 November 2022)

36 Cobden Street, Derby, DE22 3GX ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT BIR_00FK_HMF_2022_0001 (22 November 2022)

The respondent failed to obtain the required licence for the property, constituting an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Citation
[2022] UKFTT BIR_00FK_HMF_2022_0001
Parties
Applicant: Mr. Daniel Osei; Respondent: Mr. Mohammed Aslam
Jurisdiction
England and Wales
Judgment Date
22 November 2022
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
Housing Law 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

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 failed to comply with the licensing requirement
  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, constituting an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Court Disposition

Application granted

Orders

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