Flat A 114 Granby Street Leicester LE1 1DL
BIR/00FN/HSA/2024/0001 · Leicester · decided 24 Jul 2024 · rent repayment order
old rulesDismissed: the tribunal did not make a rent repayment order in this decision. See the original for its reasons.
| Offence | Illegal eviction |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £370 per month |
| Period the order relates to | 1 Dec 2022 to 4 Feb 2023 |
| 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
Termination of tenancies. A residential tenancy cannot be brought to an end by the landlord physically dispossessing the tenant of occupation even if there are rent arrears. The only remedy for a landlord owed rent in this situation is to serve notice to end the tenancy and then commence court proceedings for a possession order. … However, if the tenant has voluntarily vacated the flat, the tenancy will have come to an end. … Voluntary vacation, or abandonment, requires evidence of vacation. A tenant is not required to be resident in a property and may have two leases. It is a question of fact, and the onus of proof is upon the landlord. It may shift to the tenant if the landlord can show the tenant has not been in occupation for a substantial period. … Part 3 of the Act contains provisions relating to making it simpler to recover abandoned premises in England, but these provisions are not in force. Facts. From the documents and oral evidence we heard, we find the facts as set out in the following paragraphs. … The Applicants took a joint tenancy of the Flat on 1 July 2019 at a monthly rent of £370.00, payable on the first day of each month. The Respondent is their landlord. The rent does not include the cost of any utilities. The Applicants were responsible for paying those outgoings on top of the rent. …
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 LE1 1DL · Licensing schemes and register for LE1 1DL
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.