Rosa Ficcara & Ors v Hannah James

Rosa Ficcara & Ors v Hannah James

The maximum amount that may be ordered to be repaid under a rent repayment order is 12 months’ rent per tenant, irrespective of the number, timing, or duration of offences committed by the landlord. The statutory scheme does not permit multiple rent repayment orders for the same period or for each offence if they overlap; the limit is set by the rent paid in the relevant period, not by the number of offences.

Parties
Appellant: Rosa Ficcara; Appellant: Valentina Patermo; Appellant: Marilena Balistreri; Respondent: Hannah James
Jurisdiction
England and Wales
Judgment Date
20 February 2021
Procedural Posture
Appeal From First Tier Tribunal (property Chamber) / Upper Tribunal (lands Chamber) Judgment
Outcome
Appeal dismissed; permission to cross-appeal refused.
Legal Topics
Rent Repayment Orders, Interpretation of Housing and Planning Act 2016, Multiple Housing Offences, Statutory Construction, Tribunal Procedure
Housing Law Landlord and Tenant Law Rent Repayment Orders Interpretation of Housing and Planning Act 2016 Multiple Housing Offences Statutory Construction Tribunal Procedure

Case Brief

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rosa Ficcara

Appellant

Valentina Patermo

Appellant

Marilena Balistreri

Appellant

Hannah James

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether more than one rent repayment order may be made where a landlord has committed multiple housing offences under the Housing and Planning Act 2016
  2. 2 Interpretation of sections 40-44 of the Housing and Planning Act 2016 regarding the scope and quantum of rent repayment orders

Ratio Decidendi

The maximum amount that may be ordered to be repaid under a rent repayment order is 12 months’ rent per tenant, irrespective of the number, timing, or duration of offences committed by the landlord. The statutory scheme does not permit multiple rent repayment orders for the same period or for each offence if they overlap; the limit is set by the rent paid in the relevant period, not by the number of offences.

Court Disposition

Appeal dismissed; permission to cross-appeal refused.

Orders

  • No rent repayment orders exceeding 12 months’ rent per appellant; First-tier Tribunal decision affirmed.