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England and Wales decisions
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The Upper Tribunal dismissed an appeal against a rent repayment order, holding that the First-tier Tribunal had not erred in considering the lack of tenant harm among the quantum factors.
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 allowed the council’s appeal against a reduced housing penalty, reinstated the £12,000 fine, and refused judicial review of the FTT’s review decision.
25 Alderney Road, London, E1 4EG ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2023] UKFTT LON_00BG_HMF_2022_0152 (9 January 2023)
The tribunal granted a rent repayment order after finding the respondent had operated an unlicensed house in multiple occupation.
The Upper Tribunal allowed an appeal on rent repayment orders, correcting the First-tier Tribunal’s approach and reducing repayments to 65% of rent.
The Upper Tribunal held that rent repayment orders must reflect offence seriousness, not just maximum rent less utilities, and it allowed one appeal and remitted the other.
Appeal dismissed in a rent repayment order case involving an HMO. The Tribunal held the owner was a managing person under section 263(3)(b) and was the landlord.
285 Manchester Road, London E14, 3DP ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00BG_HMF_2021_0233 (11 July 2022)
The First-tier Tribunal granted a rent repayment order after finding the respondent had committed a relevant housing offence by failing to obtain the required licence.
9 Westminster Street Gateshead, NE8 4QE ((Housing) Act 2004 and Housing and Planning Act 2016 - Civil financial penalties) [2022] UKFTT MAN_00CH_HNA_2020_0072 (22 June 2022)
The Tribunal upheld a ÂŁ10,000 civil penalty for operating a licensable HMO without a licence, finding the penalty proportionate under housing legislation.
Flat B, 23 Shirley Gardens, London W7 3PT NS/ ((Housing) Act 2004 and Housing and Planning Act 2016 - Rent repayment orders) [2022] UKFTT LON_00AJ_HMF_2021_0277 (8 April 2022)
The First-tier Tribunal granted a rent repayment order after finding the landlord controlled or managed an unlicensed HMO.
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