[2023] UKUT 134 (LC)

By a decision dated 1 March 2022 the First-tier Tribunal (Property Chamber) (the FTT) made a rent repayment order under section 43 of the Housing and Planning Act 2016 (the 2016 Act) against the appellant, Renee Daff, requiring her to repay £22,230 to the respondents, her former tenants. The rent repayment was ordered because the flat which she had let to them was in an area of selective licensing for the purposes of Part 3 of the Housing Act 2004 (the 2004 Act) and she had not had a licence during the currency of the tenancy.

Ms Daff was granted permission to appeal by this Tribunal, and in the course of the hearing I indicated to the parties that I would allow the appeal. With their consent I proceeded to hear further evidence from Ms Daff and submissions from both parties to enable me to redetermine the amount of the order. These are my reasons for setting aside the FTT’s decision and substituting a rent repayment order in the total sum of £2,000.

At the hearing of the appeal Ms Daff was represented by Mr Faisel Sadiq, acting pro bono through Advocate (formerly the Bar Pro Bono Unit). The respondents were represented by Mr Cameron Neilson of the group Justice for Tenants. The Tribunal is very grateful to them both for their assistance.