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Residential Property Tribunal, Bristol City Council, HMO – Rent Repayment Order

April 10, 2015

Property: Flat 3, 105 Whiteladies Road, Bristol BS8 2PB

Case Reference: CHI/00HB/HMA/2011/0006 and 0007

Digs (Bristol) Ltd, the respondent, was convicted of an offence under s. 72 of the Housing Act 2004 as he had control of or managed the above mentioned property and failed to have a licence for the multiple occupancy. The respondents managed the property on behalf of the landlord, Webb Ware Ltd. The tenants made applications to the tribunal for Rent Repayment Orders (RRO’s) under the ss. 73 and 74 provisions.

In the course of the representations made to the tribunal, the respondent argued that as they were not authorised to receive the rent, and the tenancy agreement stated that they were the property management agency not the landlord and all rent would be paid to the landlord, through the respondent, they argued that they were not the ‘appropriate person’ to make the repayments and that responsibility fell to the landlord, who had received the rent.

The court concluded that they were not authorised to issue a RRO as the application had been made against the wrong person.

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