9 West Avenue, Derby, DE1 3HS
BIR/00FY/HMJ/2023/0005 · Derby · decided 25 Mar 2024 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Company and individuals |
| Applicants | 5 tenants |
| Rent | £2,708 per month |
| Period the order relates to | 1 Jul 2022 to 3 Mar 2023 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £2,942.70 then deducted for utilities |
| Amount the tribunal ordered | £1,846.27 per applicant on average; £9,231.34 in total for 5 applicants |
| Share of the maximum | 55%, as the tribunal stated it |
| Tribunal fees to be reimbursed | £300 |
| 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
The following item in the table is relevant to this case: Item 5 s72(1): control or management of an unlicensed house. … (2)A person commits an offence if— (a)he is a person having control of or managing an HMO which is licensed under this Part, (b)he knowingly permits another person to occupy the house, and (c)the other person’s occupation results in the house being occupied by more households or persons than is authorised by the licence. (3)A person commits an offence if— (a)he is a licence holder or a person on whom restrictions or obligations under a licence are imposed in accordance with section 67(5), and (b)he fails to comply with any condition of the licence. (4)In proceedings against a person for an offence under subsection (1) it is a defence that, at the material time— (a)a notification had been duly given in respect of the house under section 62(1), or (b)an application for a licence had been duly made in respect of the house under section 63, and that notification or application was still effective (see subsection (8)). (5)In proceedings against a person for an offence under subsection (1), (2) or (3) 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. …
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 DE1 3HS · Licensing schemes and register for DE1 3HS
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.