3Heaton Drive, Sutton Coldfield, West Midlands, B74 2QZ
BIR/00CN/HMJ/2022/0001 · Birmingham · decided 27 Oct 2022 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 3 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 5 Mar 2021 to 5 Mar 2022 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £4,429.33 per applicant on average; £13,288 in total for 3 applicants |
| Share of the maximum | 80%, as the tribunal stated it |
| Tribunal fees to be reimbursed | £400 |
| Rules | Old rules (offence before 1 May 2026): maximum 12 months' rent. |
Read from the PDF automatically. Amounts are totals for the decision, across all its applicants; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
Offences Section 72 (1) of the 2004 Act 57. Section 72(1) provides that a person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under section 61(1) of the 2004 Act but is not so licensed. … The Respondent owns the Property and received rent from tenants who occupied it and therefore is ‘a person having control’. Whilst the Respondent asserts that prior to 1st October 2018 as only 2 storeys of the Property were being used for occupation by tenants and therefore was not an HMO, he accepts that post 1st October 2018 (when the legislation changed) the Property was an HMO. … Defence of reasonable excuse. … Pre October 2018, he considered that as tenants only occupied two of the three storeys, it did not comprise a licensable HMO and that he was not aware that the law changed in October 2018. … He accepted that ignorance of the law was no excuse but stated that the law was complex and advice was hard to obtain. … We do not accept that the Respondent had a reasonable excuse to the commission of the offence. Whilst we accept that this is the only property he was renting out, that does not absolve him of the responsibility to ensure that he complies with all requirements when doing so. …
An extract from the part of the decision that sets the amount. To keep people's names out, any sentence that might contain one is left out (marked …). The full reasons are in the original decision.
The original
Other rent repayment orders near B74 2QZ · Licensing schemes and register for B74 2QZ
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.