[2025] UKUT 233 (LC)

Case No: LC-2024-781

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

Ref: LON/OOAM/HMF/2024/0010

Royal Courts of Justice, Strand,

London WC2A 2LL

15 July 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

HOUSING – RENT REPAYMENT ORDER – time limit for making application – defence of reasonable excuse – whether offence was being ‘committed’ for the purpose of the 12 month time limit for making an application at a time when the landlord had a reasonable excuse for managing an unlicensed HMO – s.72, Housing Act 2004 – s. 41(2)(b), Housing and Planning Act 2016 – appeal dismissed

BETWEEN:

ANDREW KEMP (1)

WILLIAM LOWE (2)

PATRICK HINTON (3)

RUBY CORCORAN (4)

Appellants

-and-

DIP SYSTEMS (UK) LIMITED

Respondent

Flat 1, 35 Reighton Road,

London E5

Martin Rodger KC,

Deputy Chamber President

Determination on written representations

© CROWN COPYRIGHT 2025

The following cases are referred to in this decision:

DDP for Northern Ireland v Lynch [1975] AC 653

Tesco v Nattrass [1972] AC 153