Michelle Dawn Edith Ball v Sefton Metropolitan Borough Council

Michelle Dawn Edith Ball v Sefton Metropolitan Borough Council

The First-tier Tribunal was entitled to find that the appellant's circumstances, including financial losses and the fact that tenants were referred by the local authority, did not amount to exceptional circumstances. The statutory scheme required repayment of the maximum amount, and there was no error of law or...

Source-derived case information.

Parties
Appellant: Ms Michelle Dawn Edith Ball; Respondent: Sefton Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
18 February 2021
Procedural Posture
Appeal / Upper Tribunal (lands Chamber) Judgment on Appeal From First Tier Tribunal
Outcome
Appeal dismissed
Legal Topics
Rent Repayment Orders, Unlicensed HMO, Universal Credit Recovery, Exceptional Circumstances, Housing and Planning Act 2016
Housing Law Landlord and Tenant Law Rent Repayment Orders Unlicensed HMO Universal Credit Recovery Exceptional Circumstances Housing and Planning Act 2016

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ms Michelle Dawn Edith Ball

Appellant

Sefton Metropolitan Borough Council

Respondent

Procedural Posture

Appeal / Upper Tribunal (lands Chamber) Judgment on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in making a rent repayment order for the maximum amount under section 46 of the Housing and Planning Act 2016
  2. 2 Whether the appellant's financial circumstances or other factors amounted to 'exceptional circumstances' justifying a reduction of the repayment order

Ratio Decidendi

The First-tier Tribunal was entitled to find that the appellant's circumstances, including financial losses and the fact that tenants were referred by the local authority, did not amount to exceptional circumstances. The statutory scheme required repayment of the maximum amount, and there was no error of law or failure to consider relevant matters.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of the First-tier Tribunal requiring repayment of £13,293.27 stands.