Flat 6, Whitmore House, Falmouth Road, London SE1 6RW ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00BE_HMF_2022_0004 (7 June 2022)

The respondent failed to obtain the required licence for the property, committing an offence under section 72(1) of the Housing Act 2004, entitling the applicant to a rent repayment order.

Citation: [2022] UKFTT LON_00BE_HMF_2022_0004
Parties: Applicant: Ms. Charlotte O'Brien; Respondent: Mr. Michael O'Brien
Jurisdiction: England and Wales
Judgment Date: 07 June 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. Charlotte O'Brien

Applicant

Mr. Michael O'Brien

Respondent

Procedural Posture

Rent Repayment Order Application / Final Determination

Legal Issues

1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
2 Whether the respondent committed an offence under section 72(1) of the Housing Act 2004
3 Whether the applicant is entitled to a rent repayment order under section 41 of the Housing and Planning Act 2016

Ratio Decidendi

The respondent failed to obtain the required licence for the property, committing 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

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