Tim Baldwin produces LexisNexis case analysis on Upper Tribunal decision to set aside rent repayment order

Monday 21 July 2025

Tim Baldwin of the Garden Court Housing Law Team has produced a case analysis in partnership with LexisNexis.

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The Upper Tribunal (Lands Chamber) set aside a decision of the first tier Tribunal (FTT) to make a rent repayment order (RRO), which was made on the basis that the subject property should have been licenced as a house in multiple occupation (HMO).

The appellant landlord argued that the FTT should not have found that the property was an HMO as the tenants were unable to prove that a third occupier was living at the subject property as their only or main residence.

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Tim Baldwin
Tim Baldwin is ranked in Chambers UK for Social Housing, Community Care, and Civil Liberties and Human Rights and is also identified as a leading junior in the Legal 500 for Social Housing, Court of Protection and Community Care, and Administrative Law and Human Rights. Tim’s practice concerns all aspects social housing working including possession, disrepair and housing standards work, homelessness, allocation of social housing, community care including migrant support. Tim’s practice in housing and homelessness is largely in the High Court or Appellate courts or in complex specialist proceedings in the County Court. He is also Co-Chair of the Housing Law Practitioners’ Association (HLPA), and aa member of the Legal Aid Practitioners Group (LAPG) advisory panel.

Link to judgment (BAILII): Mitterhuber v Hernandez & Anor (HOUSING – RENT REPAYMENT ORDER –house in multiple occupation) [2025] UKUT 194

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