Ficarra & Ors v James [2021] UKUT 0038

The tenants applied for a Rent Repayment Order on the basis that the landlord had committed harassment and unlawful eviction under the Protection from Eviction Act 1977 and had failed to obtain a licence for the property. At the initial hearing the First-tier Tribunal acknowledged that three offences had been committed under s42 Housing and Planning Act 2016 (HPA 2016) but decided that it should not impose Rent Repayment Orders for each of the three offences.The First-tier Tribunal took into account the fact that three offences had been committed in determining the amount to be repaid but believed it only had the power to award one repayment order per tenant. It stated that the three offences could be taken into account when calculating the amount to be repaid but this could not exceed 12 months’ rent under s44. The tenant appealed to the Upper Tribunal.