Decision Nº LC-2021-333. Upper Tribunal (Lands Chamber), 02-09-2022 , [2022] UKUT 240 (LC)
| Jurisdiction | UK Non-devolved |
| Judge | Martin Rodger KC, Deputy Chamber President |
| Neutral Citation | [2022] UKUT 240 (LC) |
| Date | 02 September 2022 |
| Court | Upper Tribunal (Lands Chamber) |
| Judgement Number | LC-2021-333 |
UPPER TRIBUNAL (LANDS CHAMBER)
UT Neutral citation number: [2022] UKUT 240 (LC) UTLC No: LC-2021-333
Royal Courts of Justice,
London WC2A
2 September 2022
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
HOUSING – HOUSE IN MULTIPLE OCCUPATION – RENT REPAYMENT ORDER –
order requiring freeholder to repay rent paid to a company controlled by her husband and
appointed by her as her agent – tenancy granted by company in its own name – FTT rejecting
evidence that freeholder received no benefit from letting – whether freeholder a person
managing or having control of the HMO – whether freeholder the landlord of the applicant –
sections 40-43, Housing and Planning Act 2016, section 263, Housing Act 2004 – appeal
dismissed
AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL
(PROPERTY CHAMBER)
BETWEEN:
MARGARET FLORENCE CABO Appellant
-and-
KAREN TAMIE DEZOTTI Respondent
Re: 6 Bellamy Close,
London W14 9UT
Martin Rodger QC, Deputy Chamber President
Determination by written representations
© CROWN COPYRIGHT 2022
2
The following cases are referred to in this decision:
Bruton v London & Quadrant [2000] 1 AC 406
Epps v Rothnie [1945] KB 562
London Corporation v Cusack-Smith [1955] AC 337
Rakusen v Jepsen and others [2020] UKUT 298 (LC)
Rakusen v Jepsen and others [2021] EWCA Civ 1150
Street v Mountford [1985] AC 809
Siu Kwan v Eastern Insurance Co Ltd [1994] 2 AC 199
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