Flat 4, 118 Fairbridge Road London N19 3HU ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AU_HTC_2022_0004 (18 July 2022)

Flat 4, 118 Fairbridge Road London N19 3HU ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AU_HTC_2022_0004 (18 July 2022)

The respondent let the property without the required licence, committing an offence under section 72(1) of the Housing Act 2004, entitling the applicant to a rent repayment order.

Citation
[2022] UKFTT LON_00AU_HTC_2022_0004
Parties
Applicant: Ms. Charlotte O'Brien; Respondent: Mr. Michael O'Brien
Jurisdiction
England and Wales
Judgment Date
18 July 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 Letting
Housing Law Rent Repayment Orders Licensing of Hmos Penalties for Unlicensed Letting

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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. 1 Whether the respondent was required to hold a licence for the property under the Housing Act 2004
  2. 2 Whether the respondent failed to obtain such a licence
  3. 3 Whether the applicant is entitled to a rent repayment order under the Housing and Planning Act 2016

Ratio Decidendi

The respondent let the property without the required licence, 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

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