9A Lismore Close, Nottingham, NG7 3BW
BIR/00FY/HMJ/2021/0007 · Nottingham · decided 19 Oct 2021 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £500 per month |
| Period the order relates to | 21 Jun 2019 to 20 Jun 2020 |
| Maximum the tribunal could award | £6,000 |
| Amount the tribunal ordered | £3,000 per applicant on average; £6,000 in total for 2 applicants |
| Share of the maximum | 100%, from the two figures above |
| 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
(2)A tenant may apply for a rent repayment order only if, (a)the offence relates to housing that, at the time of the offence, was let to the tenant, and (b)the offence was committed in the period of 12 months ending with the day on which the application is made. … By s43(3) the amount of a rent repayment order in the case of an application by a tenant is to be determined in accordance with s44. … In determining the amount the Tribunal must in particular take into account: a. The conduct of the landlord and the tenant, b. The financial circumstances of the landlord, and c. … It is a defence to a charge of letting an unlicensed house that the person had applied for a licence (s95(3)) or had a reasonable excuse for having control or managing the house without a licence. Sections95 (4) of the 2004 Act which provides: “In proceedings against a person for an offence under subsection (1), (2) or it is a defence that he had a reasonable excuse (a)for having control of or managing the house in the circumstances mentioned in subsection (1), or (b) for permitting the person to occupy the house, or (c)for failing to comply with the condition, as the case may be Decision. In this case the Tribunal is satisfied to the required standard that the Respondent has committed the housing offence of being the person in control or manager of an unlicensed house contrary to s 95(1) of the 2004 Act. …
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 3BW · Licensing schemes and register for NG7 3BW
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.