Key Facts
- •Two appeals (Jerome House and Reighton Road) concerning rent repayment orders for landlords managing HMOs without licenses.
- •Both appeals questioned the timing of a landlord's defense against the offense, specifically when the defense takes effect.
- •Jerome House: Landlord applied for a license on May 4, 2022 at 13:44; tenants applied for a rent repayment order on May 4, 2023 at 15:36.
- •Reighton Road: Landlord attempted to apply for a license on November 16, 2022, but payment system failed; tenants applied for a rent repayment order on November 15, 2023.
- •Both FTTs dismissed the applications due to being out of the 12-month timeframe specified in the Housing and Planning Act 2016, Section 41(2)(b).
Legal Principles
Meaning of "the period of 12 months ending with the day on which the application is made" in the Housing and Planning Act 2016, Section 41(2)(b).
Housing and Planning Act 2016, Section 41(2)(b)
When a defense (under Housing Act 2004, Section 72) to managing an unlicensed HMO takes effect.
Housing Act 2004, Section 72
Whether fractions of a day are disregarded in legal calculations.
Lester v Garland (1808) 33 ER 748; Stewart v Chapman [1951] 2 KB 792; Matthew v Sedman [2021] UKSC 19; Dodds v Walker [1981] 1 WLR 1027
Whether the offense of managing an unlicensed HMO is a continuing offense.
Luton Borough Council v Altavon Luton Ltd [2020] HLR 4; R v Waltham Forest Borough Council [2020] 1 WLR 2929
Outcomes
Both appeals dismissed.
The 12-month period for rent repayment order applications starts the day *after* the event giving rise to the defense, not on the same day. The defense takes effect for the whole day on which the license application is made.