36 Cobden Street, Derby, DE22 3GX
BIR/00FK/HMF/2022/0004 · Derby · decided 22 Nov 2022 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company and individuals: TCW Manchester Ltd |
| Applicants | 6 tenants |
| Rent | £2,860 per month |
| Period the order relates to | 1 Sep 2021 to 8 Jan 2022 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £250 per applicant on average; £1,500 in total for 6 applicants |
| Share of the maximum | 15%, 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; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
be taken into account of the purposes of making a rent repayment order. There are two key issues for consideration: (a) the definition of a HMO is by reference to it being “occupied” (see sections 254(2)(a) (the living accommodation must be occupied), 254(2)(c) (the occupation must be as the main residence) and 254(2)(d) the occupation must constitute the only use of the accommodation) in particular. … The battleground between the parties was in relation to the period between 1st July 2020 and 31st August 2020, as this was not, it was said by Respondent, “occupied” at that time, and thus, the rent in that period was not to be within the reach of a rent repayment order, not least because, no offence had been committed until 1st September 2020 when the individuals occupied the Property. … Unfortunately, neither party was able to adduce any authority to address the meaning of “occupation” in this context and thus, the Tribunal must do the best it can. The key point is whether there must be a physical presence of the individuals in the Property for it to be occupation. …
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 DE22 3GX · Licensing schemes and register for DE22 3GX
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.