115 Beaconsfield Road, Leicester, Leicestershire, LE3 0FH
BIR/00FN/HMK/2021/0026 · Leicester · decided 28 Feb 2022 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company |
| Applicants | 3 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 11 Jun 2019 to 10 Jun 2020 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £871.97 per applicant on average; £2,615.91 in total for 3 applicants |
| Share of the maximum | not stated |
| Tribunal fees to be reimbursed | £333.34 |
| 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 maximum that the Tribunal has power to order, disregarding subsection (4) of section 44 or section 45. … It has not been necessary or possible in this appeal to consider whether, in the absence of aggravating or mitigating factors, the direction in section 44(2) that the amount to be repaid must ‘relate’ to the rent paid during the relevant period should be understood as meaning that the amount must ‘equate’ to that rent. That issue must await a future appeal. … Whether or not that maximum is described as a starting point, clearly it cannot function in exactly the same way as a starting point in criminal sentencing, because it can only go down; however badly a landlord has behaved it cannot go up. It will be unusual for there to be absolutely nothing for the FTT to take into account under section 44(4). … The terms of section 44(3) and (4) similarly suggest that, in some cases, the amount of the order will be less than the rent paid in respect of the period mentioned in the table in section 44(2), though the amount must ‘relate to’ the total rent paid in respect of that period. … It therefore cannot be the case that the words ‘relate to rent paid during the period …’ in section 44(2) mean ‘equate to rent paid during the 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.