[2024] UKUT 40 (LC)

Case No: LC-2023-418

ON APPEAL FROM THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT Ref: LON/00AP/HMF/2022/0183 and LON/00AP/HMF/2022/0168

Royal Courts of Justice, Strand,

London WC2A

12 February 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

HOUSING – RENT REPAYMENT ORDER – purpose-built student accommodation – additional licensing scheme – failure to licence for 3 years – reasonable excuse defence – authority failing to consult providers of student housing before additional licensing designation – rent – treatment of utility costs paid by landlord – s.44, Housing and Planning Act 2016 – appeal and cross-appeal dismissed

BETWEEN:

LDC (FERRY LANE) GP3 LTD

Appellant

-and-

VALENTINA GARRO (1), JACK BEDFORD (2)

SOPHIE NEWMAN (3), CALLUM HAYNES (4)

JINRAN WANG (5) and SHRODDA GOSWAMI (6)

Respondents

Flats 201 and 601 North Lodge,

Lebus Street,

London N17

Martin Rodger KC, Deputy Chamber President

18 January 2024

Paul Whatley, instructed by Walker Morris LLP, for the appellant

George Penny, instructed by Flat Justice CIC, for the respondents

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Acheampong v Roman [2022] UKUT 239 (LC)

Daff v Gyalui [2023] UKUT 134 (LC)

Hallett v Parker [2022] UKUT 165 (LC)

IR Management Ltd v Salford City Council [2020] UKUT 81 (LC)

Kowalek v Hassanein Ltd [2022] EWCA Civ 1041

Parker v Waller [2012] UKUT 301 (LC)

Vadamalayan v Stewart [2020] UKUT 183 (LC)

Williams v Parmar [2021] UKUT 244 (LC)