122 Widdenham Road, London N7 9SQ. LON/00AU/HMF/2025/0753
DECISION
(a) The applicants are at liberty to submit written submissions to the Tribunal (with copy to the respondent) by 4pm on 18th February 2026 addressing the joint tenancy issue identified in this partial decision.(b) Once such submissions are received, the Tribunal will consider what further directions (if any) should be given.(c) The final determination of this matter is adjourned. Signed: Adrian Jack Dated: 11th February 2026 THE LEGISLATION Section 72(1) of the Housing Act 2004 provides: “A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1) and is not so licensed.” Section 40 of the Housing and Planning Act 2016 provides: “(1) This Chapter confers power on the First-tier Tribunal to make a rent repayment order where a landlord has committed an offence to which this Chapter applies. (2) A rent repayment order is an order requiring the landlord under a tenancy of housing in England to— (a) repay an amount of rent paid by a tenant, or (b) pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.” Among the relevant offences is section 72(1). Section 41(2) provides: “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, and (b) the offence was committed in the period of 12 months ending with the day on which the application is made.” Section 43 of the 2016 Act provides that the FtT may make a rent repayment order if it is satisfied beyond reasonable doubt that the offence has been committed, 10 and that where the application is made by a tenant the amount is to be determined in accordance with section 44, which provides: “(1) Where the First-tier Tribunal decides to make a rent repayment order under section 43 in favour of a tenant, the amount is to be determined in accordance with this section. (2) The amount must relate to rent paid during the period mentioned in the table: [The table provides, for the HMO licence offence, ‘a period, not exceeding 12 months, during which the landlord was committing the offence.’] (3) The amount that the landlord may be required to repay in respect of a period must not exceed— (a) the rent paid in respect of that period, less (b) any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period. (4) In determining the amount the tribunal must, in particular, take into account— (a) the conduct of the landlord and the tenant, (b) the financial circumstances of the landlord, and (c) whether the landlord has at any time been convicted of an offence to which this Chapter applies.”