[2024] UKUT 40 (LC)

This appeal is about a rent repayment order made against the appellant by the First-tier Tribunal (Property Chamber) (the FTT) under section 44, Housing and Planning Act 2016. The order was made because the appellant was found to have been in control of two unlicensed houses in multiple occupation (HMO), which is an offence contrary to section 72 of the Housing Act 2004.

The appellant is part of the Unite Group, one of the largest providers of purpose-built student accommodation in the country. The HMOs in respect of which the rent repayment order was made are two flats in North Lodge, a purpose-built block with accommodation for up to 528 students in “cluster flats” of between three and ten bedrooms with shared facilities.

The appellant’s case before the FTT and on this appeal is that it had a reasonable excuse for having been in control of the unlicensed HMOs and that the rent repayment order ought therefore not to have been made.

The respondents in whose favour the order was made are all students who occupied individual rooms in the two flats at North Lodge during the 2020/21 academic year. They are dissatisfied with the order made by the FTT and, by a cross appeal, they invite the Tribunal to increase the amount of the rent to be repaid to them to the full amount they paid to the appellant. Through their representative, they also suggest that there is confusion and inconsistency in the approach being taken by the First-tier Tribunal to the quantification of rent repayment orders.

Permission for the appeal was given by this Tribunal but permission is still required for the cross appeal.

At the hearing the appellant was represented by Mr Paul Whatley and the respondents by Mr George Penny. I am grateful to them both for their submissions.