[2024] UKUT 255 (LC)

Mr Neilson conceded that the FTT’s assessment of the quantum of the rent repayment order was flawed and that the fourth ground of appeal must succeed in any event. That was because the award had been based on the amount of rent received by LML, and not the amount received by Mr Kumar. Nor did Mr Neilson resist the proposition that the FTT had not been entitled to take account of conduct by LML in relation to repairs to the House when determining the amount to be repaid by Mr Kumar.

In the event, neither of these issues arises for consideration, because the rent repayment order ought never to have been made.