114 Imperial Road
BIR/00CT/HMK/2024/0039 · Birmingham · decided 25 Feb 2025 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £550 per month |
| Period the order relates to | 13 Aug 2023 to 2 Nov 2023 |
| Maximum the tribunal could award | £1,482.74 |
| Amount the tribunal ordered | £444.83 (1 applicant) |
| Share of the maximum | 30%, as the tribunal stated it |
| 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
an offence. The table in subsection 3 lists offences to which this applies. … The offence under s95(1) Housing Act 2004 (the 2004 Act) was among the offences he described as “generally of a less serious type”. … By s95(3)(b) of the 2004 Act in proceedings against a person for an offence under subsection (1) it is a defence that, at the material time— (b)an application for a licence had been duly made in respect of the house under section 87, 18. Moreover, by s95(4) it is a defence that he had a reasonable excuse— (a)for having control of or managing the house in the circumstances mentioned in subsection (1), 19. By s43 of the 2016 Act “(1)The First-tier Tribunal may make a rent repayment order if satisfied, beyond reasonable doubt, that a landlord has committed an offence (whether or not the landlord has been convicted).The amount of a rent repayment order under this section is to be determined in accordance with section 44 which directs that the amount must relate to rent paid during the period not exceeding 12 months during which the landlord was committing the offence. … It goes on to provide The amount that the landlord may be required to repay in respect of a period must not exceed: (a)the rent paid in respect of that period, less (b)any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period. …
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 B9 5HF · Licensing schemes and register for B9 5HF
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.