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_0001 (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_0001 (22 June 2022)

The Tribunal found that the property was an unlicensed HMO and the respondent had committed an offence under section 72(1) of the Housing Act 2004, entitling the applicant to a rent repayment order.

Source-derived case information.

Citation
[2022] UKFTT BIR_00CN_HMK_2022_0001
Parties
Applicant: Mr. Mohammed Usman; Respondent: Mr. Mohammed Shafiq
Jurisdiction
England and Wales
Judgment Date
22 June 2022
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Houses in Multiple Occupation
Housing Law Rent Repayment Orders Licensing of Houses in Multiple Occupation

Source-derived case record

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Parties

Mr. Mohammed Usman

Applicant

Mr. Mohammed Shafiq

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 rent repayment order should be made under Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the property was an unlicensed HMO and the respondent had committed an offence under section 72(1) of the Housing Act 2004, entitling the applicant to a rent repayment order.

Court Disposition

Rent repayment order granted

Orders

  • Respondent to pay applicant £4,800 as rent repayment