100 Dairyhouse Road, Derby DE23 8HP
BIR/00FK/HMK/2019/0048 · Derby · decided 14 Nov 2019 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £365 per month |
| Period the order relates to | 1 Oct 2018 to 16 Dec 2018 |
| Maximum the tribunal could award | £922 |
| Amount the tribunal ordered | £922 (1 applicant) |
| Share of the maximum | 100%, from the two figures above |
| Tribunal fees to be reimbursed | £300 |
| 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
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. Although not specified by the Applicant, the Tribunal calculates that the Applicant claims rent repayment of £922.00 as set out below in paragraph 52. The Tribunal determines that the relevant period commences on 1st October 2018 being the date the relevant legislation came into effect. On being questioned by the Tribunal the Applicant confirmed that on 16th December 2018 three of the tenants vacated the property. This was approximately one week after the party on December 8th. The Tribunal determined that after that date the property was not therefore an HMO and did not require to be licenced as there were only three tenants in occupation. 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 whether the landlord has been convicted of any of the offences listed in section 40 of the 2o16 Act. …
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 DE23 8HP · Licensing schemes and register for DE23 8HP
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.