16 Fearnleigh Drive, Nottingham, NG6 0JH
BIR/00FY/HMJ/2022/0027 · Nottingham · decided 17 Feb 2023 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | not stated as one figure |
| Period the order relates to | 11 Jul 2021 to 10 Jul 2022 |
| Maximum the tribunal could award | £3,124.78 |
| Amount the tribunal ordered | £468.72 (1 applicant) |
| Share of the maximum | 15%, 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
abuse if the court is satisfied (the onus being on the party alleging abuse) that the claim or defence should have been raised in the earlier proceedings if it was to be raised at all. I would not accept that it is necessary, before abuse may be found, to identify any additional element such as a collateral attack on a previous decision or some dishonesty, but where those elements are present the later proceedings will be much more obviously abusive, and there will rarely be a finding of abuse unless the later proceeding involves what the court regards as unjust harassment of a party. It is, however, wrong to hold that because a matter could have been raised in earlier proceedings it should have been, so as to render the raising of it in later proceedings necessarily abusive. That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before."” 49. … His second and alternative submission was that the conduct of the landlord when her fault was identified was good. The earlier claim was a sufficient sanction. …
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 NG6 0JH · Licensing schemes and register for NG6 0JH
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.