Landlord ordered to repay housing benefit due to non-compliance with Improvement Notice
📌 In brief
The First-tier Tribunal ordered a landlord to repay the amount of housing benefit paid to tenants because the landlord failed to comply with an Improvement Notice. This decision applies to landlords who do not follow the required improvements.
⚖️ Legal holding
A landlord must repay the amount of housing benefit paid if they fail to comply with an Improvement Notice.
📖 What the law says
The First-tier Tribunal can issue a rent repayment order if it is convinced beyond a reasonable doubt that a landlord has violated a law covered by this chapter, regardless of whether the landlord has been formally convicted.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal ordered a repayment of housing benefit to the Local Housing Authority due to the landlord's failure to comply with an Improvement Notice.
📜 Headnote Official document
The First-tier Tribunal ordered the landlord to repay the amount of housing benefit paid to tenants due to the landlord's failure to comply with an Improvement Notice under the Housing and Planning Act 2016.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : BIR/00GF/HSH/2018/0001 BIR/00GF/HSH/2018/0002 Properties : 169 & 170 [ADDRESS] [POSTCODE] Applicant : [redacted] Respondent : [redacted] : [RESPONDENT] of applications : Applications for rent repayment orders by a Local Housing Authority. Sections, 41 & 43 of the Housing and Planning Act 2016
Tribunal Member : V Ward BSc (Hons) FRICS
Date of Decision : 31 January 2019
DECISION
2 BACKGROUND
1. The Tribunal received applications dated 4 December 2018, under section 41 of the Housing and Planning Act 2016 from Telford & Wrekin Council (the Local Housing Authority) for rent repayment orders in respect of 169 [ADDRESS] [POSTCODE] BIR/00GF/HSH/2018/0001) and 170 [ADDRESS] [POSTCODE] (BIR/00GF/HSH/2018/0002).
2. The Respondent in each case is [RESPONDENT].
3. The applications followed the Respondent pleading guilty on 1 October 2018 in Shropshire Magistrates Court for failing to comply with an Improvement Notice.
4. The amount of the Order sought is the amount of housing benefit paid and is as follows with the period of the offence indicated for each property:
[ADDRESS]
£1891.99
13 May 2018 to 19 June 2018
[ADDRESS]
£983.13
12 May 2018 to 19 June 2018
5. Under the Tribunal’s case management powers derived from Rule 6 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal hereby consolidated the applications as the parties and issues are the same in respect of both matters.
6. The Tribunal sent the Respondent copies of the application with supporting documents and also invited the Respondent to confirm if they wished to oppose the applications.
7. By way of a letter dated 21 December 2018, the Respondent’s representative, [NAME], advised the Tribunal that their client did not intend to oppose the applications.
8. By way of Directions issued on 3 January 2019, the Tribunal advised the parties that it intended to issue Rent Repayment Orders in the amounts given in 4. above, summarily and without reasons, unless the Respondent contacted the Tribunal to the contrary by 25 January 2019.
3 9. The Respondent has not contacted the Tribunal and accordingly the Tribunal now makes the following Order:
DETERMINATION
10. The Tribunal determines that the Respondent should repay the following amounts to the Applicant within 28 days of the date of this Order:
£1891.99 (One thousand eight hundred and ninety one pounds, ninety nine pence) in respect of [ADDRESS].
£983.13 (Nine hundred and eighty three pounds, thirteen pence) in respect [ADDRESS].
APPEAL
11. If either party is dissatisfied with this decision they may apply to this Tribunal for permission to appeal to the Upper Tribunal (Lands Chamber). Any such application must be received within 28 days after these written reasons have been sent to the parties (Rule 52 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013).
V [NAME]
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Orders Rent Repayment for Non-Compliance with Improveme…
- First-tier Tribunal (Property Chamber) Landlord Ordered to Repay Housing Benefit for Non-Compliance with Improveme…
- First-tier Tribunal (Property Chamber) Tenant Secures Rent Repayment Order Against Unlicensed HMO Landlord
- First-tier Tribunal (Property Chamber) Tenant Wins Rent Repayment Order Against Landlord for Failure to Comply wit…
- First-tier Tribunal (Property Chamber) Tenant Wins Rent Repayment Order Against Landlord for Unlicensed HMO
- First-tier Tribunal (Property Chamber) Rent Repayment Order Granted for Unlicensed HMO
- First-tier Tribunal (Property Chamber) Tenant Secures Rent Repayment Order for Unlicensed Property
- First-tier Tribunal (Property Chamber) Tenant Secures Rent Repayment Order Against Unlicensed HMO Landlord
- First-tier Tribunal (Property Chamber) Landlord Ordered to Repay £15,444 in Rent for Unlicensed HMO
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Rent Repayment Orders Against Landlord for Unlaw…
- First-tier Tribunal (Property Chamber) Tenants win rent repayment for unlicensed HMO in First-tier Tribunal ruling
- First-tier Tribunal (Property Chamber) Tribunal Sets New Market Rent for Assured Tenancy
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord fails to comply with an Improvement Notice.
- The landlord receives housing benefit during the non-compliance period.
- The tenant requests the repayment of housing benefit.
- The landlord operates without necessary licenses or compliance.
- The landlord commits an offense under relevant housing acts.
❌ Tends to be rejected
- (No factors identified that went against the claimant in the provided cases.)
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the landlord to repay the amount of housing benefit paid to tenants.
Who was involved?
The Local Housing Authority and the landlord were involved.
How did the court decide, and why?
The court decided based on the landlord's failure to comply with an Improvement Notice.
Which laws or rules were applied?
The Housing and Planning Act 2016 sections 41 and 43 were applied.
What was the argument that mattered most?
The argument that mattered most was the landlord's failure to comply with the Improvement Notice.
Was the decision for or against the person who brought the case?
The decision was for the Local Housing Authority.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure compliance with Improvement Notices to avoid having to repay housing benefit.
What evidence or documents mattered?
The evidence included the Improvement Notice and the failure to comply with it.
Can a decision like this be appealed?
Yes, either party can apply to the Upper Tribunal (Lands Chamber) for permission to appeal.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for cases involving rent repayment orders.