New judgment: Rakusen v Jepsen and others [2023] UKSC 9 – UKSC Blog

‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Rent Repayment Orders – just the immediate landlord – Nearly Legal

‘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 superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’

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Nearly Legal, 5th March 2023

Source: nearlylegal.co.uk

Court bid to protect against ‘ghost landlords’ fails – BBC News

‘A legal bid to protect tenants from so called “ghost landlords” has failed, in a move that could have significant implications for people looking to claim their rent back if they live in bad conditions.’

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BBC News, 2nd March 2023

Source: www.bbc.co.uk

Supreme Court rules rent repayment orders cannot be made against superior landlords – Local Government Lawyer

‘The Supreme Court has upheld a Court of Appeal ruling that a rent repayment order cannot be made against a superior landlord.’

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Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week over rent repayment orders and superior landlord liability – Local Government Lawyer

‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’

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Local Government Lawyer, 24th February 2023

Source: www.localgovernmentlawyer.co.uk

Court bid to protect tenants from ‘ghost landlords’ – BBC News

‘Housing campaigners hope a Supreme Court ruling to legally define who should be deemed a landlord will help protect tenants in some of England’s worst rental properties.’

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BBC News, 26th January 2023

Source: www.bbc.co.uk

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘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 the relevant period due to a failure to licence an HMO.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

HMOs, overcrowding standards and reasonableness of accommodation – Nearly Legal

‘A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities. It also flags some arguments for the future by failing to decide what overcrowding standards should be applied to HMOs.’

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Nearly Legal, 24th October 2022

Source: nearlylegal.co.uk

Council makes its first Interim Management Order to take over running of HMO following failings of landlord – Local Government Lawyer

‘Coventry City Council has made its first Interim Management order following what it described as a landlord’s “persistent failure” to licence a House in Multiple Occupation (HMO) in the area.’

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Local Government Lawyer, 11th October 2022

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com

Posted October 11th, 2022 in appeals, houses in multiple occupation, news, rent, repayment by tracey

‘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 clear or evidenced that the person received a rack rent.’

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OUT-LAW.com, 5th October 2022

Source: nearlylegal.co.uk

Property Guardians and HMOs – on we go. – Nearly Legal

Posted October 11th, 2022 in houses in multiple occupation, licensing, local government, news by tracey

‘Global Guardians Management Ltd & Ors v London Borough of Hounslow & Ors (2022) UKUT 259 (LC). This was Global Guardians’ appeal of an FTT decisions that occupation by property guardians was capable of making a property a licensable HMO, and that Global Guardians (and Global 100) were in control and/or management of the property. This was in two matters – one being Global’s appeal of civil penalties imposed by LB Hounslow, and the other being rent payment orders made against Global 100 in favour of guardian occupiers.’

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Nearly Legal, 5th October 2022

Source: nearlylegal.co.uk

Tribunal upholds fixed penalties imposed on HMO landlord for property management failures but reduces amount payable – Local Government Lawyer

Posted August 30th, 2022 in houses in multiple occupation, local government, news, penalties, repairs by tracey

‘A landlord has been ordered to pay £23,000 for failing to maintain two Houses in Multiple Occupation (HMO) after Tendring District Council took action.’

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Local Government Lawyer, 25th August 2022

Source: www.localgovernmentlawyer.co.uk

Property Guardians and HMOs – they are, you know – Nearly Legal

‘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 (our note), appealed a First Tier Tribunal decision that a commercial office building, in which 10-12 guardians were living, was an unlicensed HMO and rent repayment orders followed.’

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Nearly Legal, 2nd March 2022

Source: nearlylegal.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders – not ALL the rent – Nearly Legal

Posted October 12th, 2021 in houses in multiple occupation, landlord & tenant, licensing, news, rent, repayment by sally

‘The RRO application was by the six former tenants of an unlicensed HMO. Conditions at the property had also meant they asked the local authority EHO to inspect, which resulted in (a) the tenants being informed the property was not licensed, (b) a “Preliminary Improvement Notice” listing a number of defects to be remedied, including two category 1 HHSRS hazards (fire safety and excessive cold), and Cc) a finding that one of the bedrooms was too small for the licensing scheme. (The landlord, self described as a “professional landlord” with a “modest portfolio” of properties, did apply for a licence in February 2020, shortly before the tenants left in March 2020, but the application was rejected on the room size and the lack of remedial works).’

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Nearly Legal, 11th October 2021

Source: nearlylegal.co.uk

Landlords win appeals over “unfair” FTT proceedings where – in absence of hearing – criminal offences found to have been committed – Local Government Lawyer

‘Three private landlords have won appeals at the Upper Tribunal (Lands Chamber) over whether the criminal standard of proof was met in rent disputes at the First Tier Tribunal (FTT).’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Landlord loses appeal over rent repayment order for HMO occupied by tenants housed at direction of council – Local Government Lawyer

‘Sefton Metropolitan Borough Council has secured more than £13,000 in a rent repayment order after the failure of an appeal against it.’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices – Local Government Lawyer

‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

The Impact of COVID-19 on Landlords of Students Occupying HMOs – 4-5 Gray’s Inn Square

Posted July 30th, 2020 in coronavirus, houses in multiple occupation, landlord & tenant, news by sally

‘Measures brought in to tackle the pandemic meant that universities, much like everyone else, had to implement policies of working or learning remotely. These are likely to continue at varying extents across England for the 2020-2021 academic year. If students, in particular those residing otherwise abroad, do not need to attend lectures in person, and face difficulties in returning to England due to travel restrictions, then this is likely to raise an issue for landlords of HMOs targeted at that sector of the market. This is because students renting a room in shared accommodation or those who had agreed to do so for the next academic year are likely to try to surrender their lease. Where does this leave the landlords?’

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4-5 Gray's Inn Square, 17th July 2020

Source: www.4-5.co.uk

I want it all – Nearly Legal

‘Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied for an RRO. The FTT had awarded a rent repayment order and the landlord appealed, on the basis that the amount he was ordered to pay was excessive in view of the amounts he had spent on the property. The tenants were assisted by University of London Housing Services.’

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Nearly Legal, 21st June 2020

Source: nearlylegal.co.uk