Flat 2, 42 Shakespeare Street, Nottingham, Nottinghamshire NG1 4FQ
BIR/00FK/HMK/2018/0006 · Nottingham · decided 25 Feb 2019 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 3 tenants |
| Rent | £1,820 per month |
| Period the order relates to | 26 Oct 2017 to 2 Aug 2018 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £5,253.33 per applicant on average; £15,759.99 in total for 3 applicants |
| Share of the maximum | not stated |
| 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
The table described in s40(3) includes at row 5 an offence contrary to s72(1) of the Housing Act 2004 (“the 2004 Act”) “control of unlicensed house” Section 72(1) provides in full (1)A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1)) but is not so licensed. … The section specifically provides in relation to an application by a tenant (2)A rent repayment order under this section may be made only on an application under section 41. (3)The amount of a rent repayment order under this section is to be determined in accordance with— (a)section 44 (where the application is made by a tenant). … The table prescribes that for an offence mentioned in row 5 of the table in section 40(3) the amount must relate to rent paid by the tenant in respect of a period, not exceeding 12 months, during which the landlord was committing the offence. … Decision. … Paragraph 5 of the table specifies control or management of unlicensed HMO contrary to s72(1) of the 2004 Act one such offence. … Section 43 provides that the First-tier Tribunal may make a rent repayment order if satisfied, beyond reasonable doubt, that the landlord has committed an offence whether or not convicted. … In this case 42 Shakespeare Street is a house in multiple occupation. There are 38 bedsit units in the building. …
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 NG1 4FQ · Licensing schemes and register for NG1 4FQ
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.