9 Charlton Road, London SE3 7EU - Ref ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AL_HMF_2022_0147 (24 February 2023)

9 Charlton Road, London SE3 7EU - Ref ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AL_HMF_2022_0147 (24 February 2023)

The Tribunal found that the property was an HMO requiring a licence, the respondent failed to obtain a licence, and the applicants were entitled to a rent repayment order for the period during which the property was unlicensed.

Citation
[2023] UKFTT LON_00AL_HMF_2022_0147
Parties
Applicant: Ms. Charlotte O'Brien; Applicant: Mr. Michael O'Brien; Respondent: Mr. John Smith
Jurisdiction
England and Wales
Judgment Date
24 February 2023
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

Case Brief

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Parties

Ms. Charlotte O'Brien

Applicant

Mr. Michael O'Brien

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 applicants are entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the property was an HMO requiring a licence, the respondent failed to obtain a licence, and the applicants were entitled to a rent repayment order for the period during which the property was unlicensed.

Court Disposition

Rent repayment order granted

Orders

  • Respondent to pay applicants £8,400 as a rent repayment order within 28 days