Clara Feige Vila Moreira & Ors v Nicholas and Varuni Morrison
[2023] UKUT 233 (LC)
Martin Marcus v Dino Kwok
25 July 2024
[2024] UKUT 219 (LC)
Upper Tribunal
Two cousins rented a flat from a landlord who didn't have the right license. One cousin sued the landlord to get back some of the rent. The court said the cousin could only get back the rent *he* paid, not his cousin's share, even though they were both responsible for the full rent. The landlord's appeal was thrown out.
Key Facts
- •Joint tenants, Mr. Marcus and Mr. Kwok, rented an unlicensed flat from Mr. Marcus.
- •Mr. Kwok (sole applicant) applied for a rent repayment order under the Housing and Planning Act 2016 for rent paid over six months.
- •The FTT ordered Mr. Marcus to repay £3,025 to Mr. Kwok (55% of the rent paid over six months).
- •Mr. Marcus appealed, arguing the order included rent paid by Mr. Kwok's cousin, who was not a party to the application.
- •Mr. Kwok stated he and his cousin split the rent and intended to share the repayment.
Legal Principles
A rent repayment order under the Housing and Planning Act 2016 can only be made for rent paid by the tenant applying for the order.
Housing and Planning Act 2016, sections 40, 41, 44
Joint and several liability for rent does not extend to recovering rent paid by one tenant through another tenant's application for a rent repayment order.
Implied from the interpretation of the Housing and Planning Act 2016
Outcomes
Appeal dismissed.
The FTT's order was within its power. Mr. Kwok only claimed repayment for the rent he personally paid, and the FTT was aware both tenants paid equally. The attempt to introduce new evidence about invoices was rejected as it was too late in the process.