6 Kimberley Road, London, SW9 9DG - REF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AY_HMF_2021_0024 (13 January 2022)

6 Kimberley Road, London, SW9 9DG - REF ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AY_HMF_2021_0024 (13 January 2022)

The respondent operated an unlicensed HMO during the relevant period, committing an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order for the rent paid during that period.

Citation
[2022] UKFTT LON_00AY_HMF_2021_0024
Parties
Applicant: Ms. Aisha Ahmed; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
13 January 2022
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Rent repayment order granted
Legal Topics
Rent Repayment Orders, Licensing of Hmos, Penalties for Unlicensed Properties
Housing Law Rent Repayment Orders Licensing of Hmos Penalties for Unlicensed Properties

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Parties

Ms. Aisha Ahmed

Applicant

Mr. John Smith

Respondent

Procedural Posture

Rent Repayment Order Application / Final Determination

Legal Issues

  1. 1 Whether the respondent was required to hold a licence under the Housing Act 2004 for the property at 6 Kimberley Road, London, SW9 9DG
  2. 2 Whether the respondent failed to obtain such a licence during the relevant period
  3. 3 Whether the applicant is entitled to a rent repayment order under the Housing and Planning Act 2016

Ratio Decidendi

The respondent operated an unlicensed HMO during the relevant period, committing an offence under section 72(1) of the Housing Act 2004. The applicant is entitled to a rent repayment order for the rent paid during that period.

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant £4,800 as a rent repayment order within 28 days.