23 Berridge Road, Nottingham, NG7 6LX
BIR/00FY/HMJ/2021/0001 · Nottingham · decided 5 Oct 2021 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £675 per month |
| Period the order relates to | 29 Mar 2019 to 20 May 2020 |
| Maximum the tribunal could award | £8,100 |
| Amount the tribunal ordered | £3,240 per applicant on average; £6,480 in total for 2 applicants |
| Share of the maximum | 80%, 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
Offence. Section 95(1) of the 2004 Act provides that: i. ‘a person commits an offence if he is a person having control of or managing a house which is required to be licensed under [section 85(1) of the 2004 Act] but is not so licensed.’ 50. Section 95(2) provides that it is a defence if: a. ‘at the material time, i. ………. ii. an application for a licence had been duly made in respect of the house under section 87 b. and that ……. application was still effective.’ 51. Section 95(4) provides that is a defence if the person: a. ‘had a reasonable excuse- i. for having control or managing the house in the circumstances mentioned in subsection (1) or’ ii. ……………’ 52. Section 263 of the 2004 Act provides: (3) In this Act ‘person managing’ means, in relation to premises, the person who, being an owner or lessee of the premises- (a) receives (whether directly or through an agent or trustee) rents or other payments from- (i)…… (ii) in the case of a house to which Part 3 applies (see section 79 (2)), persons who are in occupation as tenants or licensees or parts of the premises, or of the whole of the premises; and includes, where those rents or other payments are received through another person as agent or trustee, that other person’. …
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 NG7 6LX · Licensing schemes and register for NG7 6LX
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.