Neutral Citation Number: [2025] UKUT 175 (LC)
Case No: LC-2024-784
IN THE UPPER TRIBUNAL (LANDS CHAMBER)
AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)
Ref: LON/00AG/HMG/2023/0004
Royal Courts of Justice, Strand,
6 June 2025
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
HOUSING - RENT REPAYMENT ORDER - rent paid before the start of the period when the offence was being committed - no order could be made
BETWEEN:
CARL PEARTON
Appellant
and-
BETTERTON DUPLEX LIMITED
Respondent
Ground Floor and Basement,
33 Betterton Street,
London, WC2H 9BQ
Determination by written representations
DECISION
© CROWN COPYRIGHT 2025
The following cases were referred to in this decision:
Kowalek v Hossanein Ltd [2021] UKUT 143 (LC)
Upper Tribunal Judge Elizabeth Cooke:
Introduction
The factual background
The statutory provisions
"(2) 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."
"(2) The amount must relate to rent paid during the period mentioned in the table.
If the order is made on the ground that the landlord has committed |
the amount must relate to rent paid by the tenant in respect of |
an offence mentioned in row 1 or 2 of the table in section 40(3) |
the period of 12 months ending with the date of the offence |
an offence mentioned in row 3, 4, 5, 6 or 7 of the table in section 40(3) |
a period, not exceeding 12 months, during which the landlord was committing the offence |
The FTT's decision
"(a) consists of one or more units of living accommodation not consisting of a self-contained flat or flats;
(b) the living accommodation is occupied by persons who do not form a single household ...;
(c) the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it;
(d) their occupation of the living accommodation constitutes the only use of that accommodation;
(e) rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation; and
(f) two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities."
The appeal
Conclusion
Upper Tribunal Judge Elizabeth Cooke
6 June 2025
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal's decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.