[2024] UKUT 181 (LC)

This appeal raises two recurring issues about rent repayment orders made under Chapter 4 of Part 2 of the Housing and Planning Act 2016 (the 2016 Act). The first is whether a landlord who was unaware of the need to obtain a licence under Part 3 of the Housing Act 2004 (the 2004 Act) had a reasonable excuse for having control of an unlicensed house. The second is whether the First-tier Tribunal, Property Chamber (the FTT) erred in principle when it determined the amount of rent which the landlord should repay.

The appeal is brought by Mr John Newell, who is a solicitor and who was formerly the owner of a 3 bedroom flat at 9B Sandys Row, London E1 (the Flat). The respondents, Mr Joe Abbott and Mr Aleksandr Okrojek, were both tenants of the Flat, Mr Abbott from March 2019 until September 2022 and Mr Okrojek from a date in 2018 until September 2022. By its decision issued on 20 December 2023 the FTT ordered Mr Newell to repay each of the respondents rent of £5,760, a figure which represented 80% of the sum each of them had paid during the final 12 months of their tenancy of the Flat.

Mr Newell was granted permission to appeal by this Tribunal and represented himself at the hearing of the appeal, as did Mr Abbott and Mr Okrojek.