Automated Summary
Key Facts
The First-tier Tribunal Property Chamber (Residential Property) granted a Rent Repayment Order against Marco Caruso for controlling an unlicensed HMO at 14 Kenneth Road, Luton. The Tribunal found the Respondent guilty of an offence under s. 72(1) Housing Act 2004, as he pleaded guilty on 5th November 2019. The property was never licensed for use as an HMO, and the Applicant (Tomas Prochazka) had paid rent at £100 per week from 25th October 2017 to 19th February 2019. The Tribunal ordered the Respondent to repay 9 months' rent (£3,900.00) to the Applicant, with the order due by 10 February 2020. The Respondent was also sentenced to pay a fine of £27,000.00, a victims' surcharge of £170.00, and Council's costs of £848.70.
Issues
- The Tribunal noted that the Respondent had been previously convicted of offenses related to the management of HMOs, including operating at least two other properties as unlicensed HMOs (12 Kenneth Road and 35 Axe Close), which was a matter of grave concern.
- The Tribunal was satisfied that the Applicant paid rent to the Respondent for the property while it was being used as an unlicensed HMO from February 2018 to February 2019, which was the period for which he sought a rent repayment order.
- The Tribunal found that the property at 14 Kenneth Road, Luton, had never been licensed for use as an HMO, based on information provided by the Council's representative.
- The Tribunal determined that there was no evidence that any part of the rent paid by the tenant derived from a relevant award of Universal Credit, which meant no deductions were required from the rent repayment amount.
- The Tribunal determined that the Respondent was guilty of an offense under section 72(1) of the Housing Act 2004 for controlling an unlicensed HMO, as evidenced by his guilty plea on November 5, 2019, which related to an offense committed on March 6, 2019.
Holdings
The tribunal determined that the Respondent committed an offence under s. 72(1) Housing Act 2004 for managing an unlicensed HMO at 14 Kenneth Road, Luton, and ordered him to repay 9 months' rent (£3,900.00) to the Applicant, Tomas Prochazka.
Remedies
The Tribunal ordered the Respondent to repay 9 months' rent to the Applicant, totaling £3,900.00, due by 5 pm on 10 February 2020. This was a Rent Repayment Order under the Housing & Planning Act 2016, made despite the Respondent's criminal prosecution for housing offences.
Monetary Damages
3900.00
Legal Principles
- The Tribunal applied the criminal standard of 'beyond reasonable doubt' to determine the Respondent's offence under s. 72(1) Housing Act 2004, rather than the civil standard of 'on the balance of probabilities,' as the case involved a criminal offence.
- The Applicant met the burden of proof by providing evidence that the Respondent pleaded guilty to the offence under s. 72(1) Housing Act 2004, which occurred within 12 months of the application date.
Cited Statute
- Housing Act 2004
- Housing & Planning Act 2016
Judge Name
- Marina Krisko
- Max Thorowgood
Passage Text
- We are further satisfied, on the basis of the information provided to us by Mr Mealey on behalf of the Council, that the property has never been licensed for use as an HMO.
- We are satisfied beyond reasonable doubt that on 6th March 2019 (which is within 12 months of the date on which this Applicant's application was made) the Respondent was guilty of an offence under s. 72(1) Housing Act 2004 because he pleaded guilty to that offence on 5th November 2019.
- Despite the seriousness of the Respondent's breaches of the law concerning the management of the subject property, we consider that we are also bound to have regard to the Applicant's failure to engage with this application, particularly his failure to file evidence that he has paid rent since 19th February 2019. Therefore, given that the Respondent has also been the subject of a criminal prosecution as a result of which he faces criminal sanctions we order that he should repay 9 months' rent to the Applicant, namely £3,900.00 on or before 5 pm on 10 February 2020.