Unit 6_2A Byam Street SW6 2RD ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AN_HMF_2022_0125 (20 February 2023)

Unit 6_2A Byam Street SW6 2RD ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AN_HMF_2022_0125 (20 February 2023)

The Tribunal found that the respondent operated the property as an unlicensed HMO, committed an offence under section 72(1) of the Housing Act 2004, and the applicant was entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016.

Citation
[2023] UKFTT LON_00AN_HMF_2022_0125
Parties
Applicant: Ms. Anna Kowalska; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
20 February 2023
Procedural Posture
Rent Repayment Order Application / Final Determination
Outcome
Application 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. Anna Kowalska

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 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 Tribunal found that the respondent operated the property as an unlicensed HMO, committed an offence under section 72(1) of the Housing Act 2004, and the applicant was 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 by way of a rent repayment order.