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England and Wales decisions
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The Upper Tribunal held that flats in a building that is an HMO under s.254(4) can still be separate Part 3 houses, so selective licensing penalties were upheld.
The Upper Tribunal allowed Dr Khiljee’s appeal, holding that rack-rent under the Housing Act 2004 is assessed by reference to the actual HMO use, not a hypothetical lawful single-let use.
SH, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 729 (Admin) (26 March 2026)
The High Court held hotel rooms used for asylum support were not dwellings under the Housing Act 1985, upheld Home Office space guidance, and found only limited breaches of adequate accommodation duties.
Compensation reference over a compulsorily acquired house in Potters Bar. The Tribunal valued the property at £345,000, with a Basic Loss Payment and interest.
Flat 3, 144 Upper Wickham Lane, Welling, Kent DA16 3DP ((Housing) Act 2004 and Housing and Planning Act 2016 - Prohibition orders) [2023] UKFTT LON_00AD_HPO_2022_0005 (7 March 2023)
The First-tier Tribunal granted a prohibition order for Flat 3, 144 Upper Wickham Lane after finding category 1 hazards under housing safety rules.
Flat 208 Trelawney Estate, Paragon Road, London E9 6PH ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AM_HMB_2020_0005 (6 March 2023)
The First-tier Tribunal granted a rent repayment order after finding the landlord had managed or controlled an unlicensed property.
1 Auriol Mansions, Edith Road, London W14 0ST ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00AN_HMF_2022_0143 (2 March 2023)
The First-tier Tribunal found an unlicensed HMO and granted a rent repayment order under the Housing Act 2004 and Housing and Planning Act 2016.
The Supreme Court held that rent repayment orders under the 2016 Act cannot be made against a superior landlord, only the immediate landlord under the tenancy.
51 Ellesmere Road, London, W4 3EA ((Housing) Act 2004 and Housing and Planning Act 2016 - Improvement notices) [2023] UKFTT LON_00BD_HNA_2022_0055 (24 February 2023)
Tribunal decision on whether improvement notices at 51 Ellesmere Road were lawfully issued under the Housing Act 2004 and Housing and Planning Act 2016.
Flats D & E, 331 Lea Bridge Road, London E10 7LA ((Housing) Act 2004 and Housing and Planning Act 2016 - Prohibition orders) [2023] UKFTT LON_00BH_HPO_2022_0006 (20 February 2023)
The First-tier Tribunal made prohibition orders for Flats D and E at 331 Lea Bridge Road, finding statutory housing hazards justified restricting occupation until remedial works are completed.
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