3, Highbury Road, Oldfield, Birmingham. B68 8QF
BIR/00CS/HMK/2023/0027 · Sandwell · decided 20 Aug 2024 · rent repayment order
old rulesDismissed: the tribunal did not make a rent repayment order in this decision. See the original for its reasons.
| Offence | Illegal eviction; also harassment, violence for securing entry |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £750 per month |
| 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
(b)pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy. … (2)A tenant may apply for a rent repayment order only if, (a)the offence relates to housing that, at the time of the offence, was let to the tenant, and (b)the offence was committed in the period of 12 months ending with the day on which the application is made. … Discussion and Decision. As section 40(2), 2016 Act explains, a rent repayment order is an order requiring the landlord under a tenancy of housing to repay an amount of rent paid by a tenant. Section 41(1) provides that a tenant may apply to the FTT for a rent repayment order. … The statutory framework established by the 2016 Act has three steps for the Tribunal to follow. First there is a power to make a rent repayment order where a landlord has committed an offence identified by the Act, second the tenant may apply for an order only if the offence relates to housing that at the time of the offence was let to the tenant and third that the Tribunal is satisfied beyond a reasonable doubt that the landlord committed an offence. … The Act describes various behaviours that will amount to an offence. … The effect of the 2016 Act is to place upon the Applicant the burden of proving the offences have occurred and to do so beyond a reasonable doubt. …
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.