18 Belconnen Road, Bestwood, Nottingham, NG5 5HY
BIR/00FY/HMG/2022/0002 · Nottingham · decided 20 Mar 2023 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £500 per month |
| Period the order relates to | 23 Jan 2019 to 22 Jan 2020 |
| Maximum the tribunal could award | £5,500 |
| Amount the tribunal ordered | £2,750 (1 applicant) |
| Share of the maximum | 50%, as the tribunal stated it |
| 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
governed by section 44 of the 2016 Act. This requires that 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. … The elements of the offence are not in any serious doubt and the Respondents have not disputed that an offence of failure to licence has been committed, or the jurisdiction of the Tribunal to make an RRO. … She is therefore a person “having control” of the Property (s263(1)) and also a person “managing” the Property (s263(3)) and consequently, the person who (subject to any available defence) commits an offence under s95(1) of failing to obtain a required licence. … This is because an RRO can only be made against the person who has received the rent on their own account. … Contractually the position is unclear. … The freeholders have not filed a statement confirming that they are the direct landlord of the Applicant. They have not participated in the proceedings in any way. … The bank statements which were heavily redacted did not show that the rent or any part of it was transferred on to the freeholders. … The only reliable evidence we have is the bank statements put before the Tribunal. … He readily owned his failings in relation to missed rental payments and did not dispute that his landlord had been flexible and reasonable about his difficulties. …
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 NG5 5HY · Licensing schemes and register for NG5 5HY
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.