35A Hucknall Road Nottingham NG5 1BJ BIR/00FY/HMK/2020/0047
DECISION
[23]The Tribunal considered the application in four stages –(i) Whether the Tribunal was satisfied beyond reasonable doubt that the Respondent had committed an offence under section 32(1) of the 2016 Act in that at the relevant time he was a person who controlled or managed a property and had failed to comply with a Prohibition Order.(ii) Whether the Applicant was entitled to apply to the Tribunal for a Rent Repayment Order.(iii) Whether the Tribunal should exercise its discretion to make a Rent Repayment Order.(iv) Determination of the amount of any Order. Offence under section 95(1) of the 2004 Act[24]In accordance with sections 43(1) of the 2016 Act, the Tribunal was not satisfied beyond reasonable doubt that the Respondent, as landlord of the subject property, had committed an offence listed in section 40 of the 2016 Act, namely an offence under section 32(1). The reason for this is that at the date that the Prohibition Order became effective on 29th October 2019 and as a consequence of the Section 21 Notice and the vacation of the property by the tenant “at the time of the offence” the property was not “let to tenant”. As no offence could have been committed until 29th October 2019 the Application did not satisfy the requirement of Section 41 (2)(a) of the Act namely: A tenant may apply for a rent repayment order only if — (a) the offence relates to housing that, at the time of the offence, was let to the tenant… At the time any offence was (or could) have been committed (29th October 2019) the property was not let to the Applicant. Entitlement of the Applicants to apply for a Rent Repayment Order[25]The Tribunal therefore determined that the Applicant was not entitled to apply for a Rent Repayment Order pursuant to section 41(1) of the 2016 Act. In accordance with section 41(2), the Respondent was not committing the relevant offence on 15th October 2019 when the Applicant vacated the property. Discretion to make a Rent Repayment Order[26]The Tribunal was satisfied that there was no ground on which it could be argued that it was appropriate to make a Rent Repayment Order in the circumstances of the present case. APPEAL[27]Any appeal against this decision must be made to the Upper Tribunal (Lands Chamber). Prior to making such an appeal an aggrieved party must apply in writing to the First-tier Tribunal for permission to appeal within 28 days of the date specified below stating the grounds on which that party intends to rely in the appeal. Graham Freckelton FRICS Chairman First-tier Tribunal (Property Chamber)