[2023] UKUT 306 (LC)

This is an appeal on a point of law from a decision of the First-tier Tribunal (“the FTT”) on an application for a rent repayment order arising from the licensing regime for houses in multiple occupation. The point arises because the freeholder of the property is a health service body within the meaning of section 9 of the National Health Service Act 2006; the Housing Act 2004 makes special provision for circumstances where a building is controlled or managed by such a body. The appeal also raises the question of who is the “person having control” of premises as defined in section 263(1) of the 2004 Act.

The appeal has been decided under the Tribunal’s written representations procedure. The appellants have been represented by Flat Justice, and the respondent by Mr Croskell of counsel, and I am grateful to them both.