35 Bragg Road, Birmingham B20 3DB
BIR/00CN/HMK/2019/0047 · Birmingham · decided 11 Oct 2019 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £385 per month |
| Period the order relates to | 1 Oct 2018 to 31 May 2019 |
| Maximum the tribunal could award | £2,310 |
| Amount the tribunal ordered | £1,710 (1 applicant) |
| Share of the maximum | 74%, from the two figures above |
| Tribunal fees to be reimbursed | £200 |
| 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.
From the tribunal's reasons on the amount
must relate to rent paid in a period, not exceeding 12 months during which the landlord was committing an offence under section 72(1) of the 2004 Act. … Second, the amount that the landlord is required to pay in respect of a period must not exceed the rent paid in respect of that period. The Applicant claims rent repayment of £3,080.00 being eight months’ rent paid. The Tribunal accepts that the relevant period amounts to eight months. As part of his original submission the Applicant provided copies of his bank statement from which it was evident to the Tribunal that there was only evidence of six payments having been made. On being questioned by the Tribunal the Applicant was unable to provide evidence to confirm whether additional payments had been made. Following the conclusion of the hearing the Applicant sent an email to the Tribunal submitting that the rental payments were made in advance and that the claim should therefore be for seven months and not eight as in the original Application which was a mistake on his part. Third, in determining the amount of any rent repayment order, the Tribunal must, in particular, take into account the conduct of the parties, the financial circumstances of the landlord and whether the landlord has been convicted of any of the offences listed in section 40 of the 2o16 Act. …
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
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Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.