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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.
Upper Tribunal allowed an appeal against a housing civil penalty, holding the First-tier Tribunal gave no adequate basis for finding the appellant managed the HMO.
The Upper Tribunal dismissed Global 100 Limited’s appeal against rent repayment orders, holding that the local authority was not shown to be the person managing under section 263 Housing Act 2004.
Appeal against a rent repayment order succeeded because there was no evidential basis for finding a third occupier lived at the property as her only or main residence.
The Upper Tribunal dismissed an appeal against refusal of a rent repayment order, holding that rent paid before the offence period could not be repaid under section 43(2).
The Upper Tribunal set aside a civil penalty for an unlicensed HMO, finding there was insufficient evidence that all five occupants, including Doris Anyanwu, lived there as their sole or main residence.
The Upper Tribunal held that a ground floor room was a self-contained flat, so its occupants were not counted toward the HMO licensing threshold.
The Upper Tribunal refused new evidence about a dissolved company in a rent repayment order appeal, holding it would not change the result.
The Upper Tribunal allowed an appeal on rent repayment orders, correcting the First-tier Tribunal’s approach and reducing repayments to 65% of rent.
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