26 Queensway, Derby, Derbyshire DE22 3BE
BIR/00FK/HMK/2019/0020 · Derby · decided 15 Aug 2019 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 7 tenants |
| Rent | £3,150 per month |
| Period the order relates to | 1 Oct 2018 to 29 Apr 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £503.92 then deducted for utilities |
| Amount the tribunal ordered | £1,101.22 per applicant on average; £7,708.53 in total for 7 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
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. All the Applicants claim rent repayment of £4,050.00 being 9 months’ rent paid. 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 (not applicable in the present case) whether the landlord has been convicted of any of the offences listed in section 40 of the 2o16 Act. … Although those observations were made in the context of the rent repayment order regime contained in the 2004 Act, in the view of the Tribunal many of them remain relevant in the context of the 2016 Act regime. … The Residential Property Tribunal (RPT) [now the First-tier Tribunal (Property Chamber)] must take an overall view of the circumstances in determining what amount would be reasonable. (iv) [The 2004 Act] requires the RPT to take into account the total amount of rent received during any period during which it appears to it that the offence was being committed. It needs to do that because the RRO can only be made in respect of rent received 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
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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.