Cabo (Appellant) v Dezotti (Respondent)

Case summary

Case ID

UKSC/2025/0016

Parties

Appellant(s)

Margaret Florence Cabo

Respondent(s)

Karen Tamie Dezotti

Issue

Was Ms Cabo Ms Dezotti’s landlord for the purposes of the Housing and Planning Act 2016?

Facts

Ms Cabo owns a six-bed property. In January 2016, she entered into a management agreement with Top Holdings Limited, a management company owned by her husband, Mr Grasso. Top Holdings was permitted to let the property, but for holiday lettings only, and was not allowed to permit the property to become licensable as a house in multiple occupation (“HMO”). Ms Cabo was responsible for insurance and council tax. All income derived from the property by Top Holdings was to be retained by Top Holdings. In September 2016, Ms Dezotti met with Mr Grasso and signed an agreement allowing her to occupy a room in the property. This agreement stated that the room was to be occupied only “for a holiday” and not as a main residence. However, in a letter from Mr Grasso to Ms Dezotti, he referred to the property as her “home”. Ms Dezotti initially paid the rent to Mr Grasso and then to an account belonging to Ms Cabo’s brother. While Ms Dezotti was living at the property, there were between four and six other occupants. Ms Dezotti moved out of the property in June 2019 and, in May 2020, applied to the First-tier Tribunal for a rent repayment order against Ms Cabo. The First-tier Tribunal decided that a rent repayment order should be made against Ms Cabo in the sum of £9,600. Ms Cabo appealed unsuccessfully to the Upper Tribunal and Court of Appeal. Ms Cabo now appeals to the Supreme Court.

Date of issue

30 January 2025

Case origin

PTA

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