5 Brading Road, Brighton, BN2 3PE ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_CHI_00ML_HMK_2019_0020 (17 December 2019)
The Tribunal found that the respondent was required to hold a licence for the property and failed to do so, constituting an offence under section 72(1) of the Housing Act 2004. Accordingly, a rent repayment order was appropriate.
- Citation
- [2019] UKFTT RP_CHI_00ML_HMK_2019_0020
- Parties
- Applicant: Ms. Charlotte Taylor; Respondent: Mr. Michael Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 17 December 2019
- Procedural Posture
- Rent Repayment Order Application / Final Determination
- Outcome
- Rent repayment order granted
- Legal Topics
- Rent Repayment Orders, Licensing of Houses in Multiple Occupation, Penalties for Unlicensed Properties
Case Brief
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Parties
Ms. Charlotte Taylor
Applicant
Mr. Michael Smith
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 rent repayment order should be made under Housing and Planning Act 2016
Ratio Decidendi
The Tribunal found that the respondent was required to hold a licence for the property and failed to do so, constituting an offence under section 72(1) of the Housing Act 2004. Accordingly, a rent repayment order was appropriate.
Court Disposition
Rent repayment order granted
Orders
- Respondent to repay £4,800 to applicant within 28 days
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