8 Westbury Road, Nottingham NG5 1EP
BIR/00FY/HMJ/2020/0002 · Nottingham · decided 7 Oct 2020 · rent repayment order
old rules| Offence | Illegal eviction |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £550 per month |
| Period the order relates to | 22 Apr 2018 to 23 Apr 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £3,834.58 (1 applicant) |
| 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
In accordance with section 44 of the 2016 Act, first, the amount of an order must relate to rent paid in a period of 12 months during which the landlord was committing an offence under section 95(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. On this point there is no agreement between the parties. The Applicant submits that she paid rent at £550.00 per calendar month for the whole of the period although admits that she cannot be sure that all payments were made. … However, his written submission contradicts this in that it states payments of £550.00 were outstanding for August and September 2018 with the ‘top up’ payments of £186.40 only being outstanding for January, February and March 2019. 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. … In the first instance the Tribunal considered the rent actually paid by the Applicant. During the Hearing the Tribunal asked detailed questions and received evidence from both parties regarding the rent payment. …
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.