84 Heyscroft Road, Withington, Manchester, M20 4UZ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00BN_HMF_2019_0074 (4 December 2019)

84 Heyscroft Road, Withington, Manchester, M20 4UZ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2019] UKFTT RP_MAN_00BN_HMF_2019_0074 (4 December 2019)

The Tribunal found that the respondent operated the property as an unlicensed HMO during the relevant period, constituting an offence under section 72(1) of the Housing Act 2004, and that the applicant was entitled to a rent repayment order for the rent paid during that period.

Source-derived case information.

Citation
[2019] UKFTT RP_MAN_00BN_HMF_2019_0074
Parties
Applicant: Ms. Saira Hussain; Respondent: Mr. Mohammed Aslam
Jurisdiction
England and Wales
Judgment Date
04 December 2019
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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms. Saira Hussain

Applicant

Mr. Mohammed Aslam

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 hold such a licence during the relevant period
  3. 3 Whether the applicant is entitled to a rent repayment order under the Housing and Planning Act 2016

Ratio Decidendi

The Tribunal found that the respondent operated the property as an unlicensed HMO during the relevant period, constituting an offence under section 72(1) of the Housing Act 2004, and that the applicant was entitled to a rent repayment order for the rent paid during that period.

Court Disposition

Rent repayment order granted

Orders

  • The respondent must pay the applicant £4,800 within 28 days.