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Barker v Shokar (HOUSING - RENT REPAYMENT ORDER - criteria for identifying a 'self-contained flat' - whether building was a house in multiple occupation - adequacy of reasons) (2024) UKUT 17 (LC) This was a landlord's appeal of a rent repayment order made by...
Cottam & Ors v Lowe Management Ltd (HOUSING - RENT REPAYMENT ORDER - statutory definitions of "person managing" and "person in control of" an HMO) (2023) UKUT 306 (LC) This is a quite significant Upper Tribunal decision on a rent repayment order...
Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243 This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements,...
A couple of quick notes on cases that have been sitting a browser tabs in my 'to do' window for far too long... Daff v Gyalui & Aiach-Cohen (2023) UKUT 134 (LC) Ms Daff had been ordered to pay an RRO for an unlicensed property to the tenants in the...
Rakusen v Jepsen & Ors (2023) UKSC 9 The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant's immediate landlord, or also against a...
I know, I know. Updates have been thin on the ground. I'm afraid it is the 'work and life getting in the way' thing again. I've got a lot on my plate and no time and/or energy to do case notes. So, in the meantime, here's a list of things that I will...
Hancher v David & Ors (HOUSING - RENT REPAYMENT ORDERS - house in multiple occupation - failure to obtain an HMO licence) (2022) UKUT 277 (LC) This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for...
A couple of appeals on rent repayment orders. The first confirming the UT's approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not...
Camfield & Ors v Uyiekpen & Anor (HOUSING - RENT REPAYMENT ORDER - evidence - pro forma witness statements) (2022) UKUT 234 (LC) An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of...
A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors. Aytan & Ors v Moore & Ors (HOUSING - RENT REPAYMENT ORDER) (2022) UKUT 27 (LC) We're late to this one from January 2022, but...
Global 100 Ltd v Jimenez & Ors (HOUSING - HOUSE IN MULTIPLE OCCUPATION - RENT REPAYMENT ORDER - "property guardians") (2022) UKUT 50 (LC) In which Global 100, flushed by their win in the Court of Appeal in Global 100 Ltd v Laleva (2021) EWCA Civ 1835...
A couple of Upper Tribunal appeal decisions on rent repayment order cases. Kaszowska & Ors v White (HOUSING - RENT PAYMENT - whether a rent repayment order may be made against a director of a company landlord) (2022) UKUT 11 (LC) We saw the FTT decision...