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For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented...
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant. Ms Leibel was one...
A handful of brief notes of things of interest. 16 Cornwall Gardens, London, NW10 2QX - (2021) UKFTT LON_00AE_HMF_2020_0097 A First Tier Tribunal decision on an application for a rent repayment order in respect of an unlicensed HMO. The landlord, Mr Ali...
Awad v Hooley (2021) UKUT 55 (LC) This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here. The applicant tenant had had rent arrears at the start of the period for which an RRO was sought, and...
A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance. Ficcara & Ors v James (2021) UKUT 0038 (LC) The applicant tenants had sought rent repayment orders for a) failure to licence, b) harassment under Protection...
Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020. Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ; In this case, the Court of Appeal considered the civil penalties...
Thurrock Council v Palm View Estates (HOUSE IN MULTIPLE OCCUPATION - defence of reasonable excuse for having control of or managing) (202)] UKUT 355 (LC) The Upper Tribunal corrects an FTT decision that Palm View Estates had a reasonable excuse defence to a...
Rakusen v Jepsen (HOUSING - RENT PAYMENT - whether a rent repayment order may be made against a superior landlord) (2020) UKUT 298 (LC) In Goldsbrough & Anor v CA Property Management Ltd & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION) [2019] UKUT 311...
Chan v Bilkhu & Anor (HOUSING - RENT REPAYMENT ORDER - amount awarded) (2020) UKUT 289 (LC) This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others...
Awad v Hooley CHI/21UD/HMG/2020/0003 5 August 2020 (link to PDF) This is a First Tier Tribunal (Property Chamber) decision on an application for a Rent Repayment Order (RRO), which unusually deals with the issue of the tenant's rent arrears. Ms Awad was the...
Jarvis v Evans & Anor (2020) EWCA Civ 854 The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21...
Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) The Upper Tribunal (Land Chamber) changes the ground rules on rent repayment orders... Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied for an...