Flat 2, 1 Alpha Terrace, North Sherwood Street, Nottingham, Nottinghamshire NG1 4EP
BIR/00FY/HMK/2019/0014 · Nottingham · decided 18 Jun 2019 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Company and individuals: Aurum Estates Group Ltd |
| Applicants | 1 tenant |
| Rent | £620 per month |
| Period the order relates to | 10 Sep 2018 to 29 Mar 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £1,274 (1 applicant) |
| Share of the maximum | 70%, 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; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
On the face of it, it appeared to us that Respondent 1, had committed an offence under section 95(1) of the 2004 Act, namely being a person having control or managing a house which was required to be licensed under section 85(1) of the 2004 Act but was not so licensed. … We considered the defences raised. We did not accept that a licence application had been duly made. The words ‘duly made’ connote that an application is complete, has all relevant information and in such a condition including any payment of fees that it can be considered by the authority without the need for further information. We noted the email dated 29th March 2019 from Nottingham Council which rejected the application of 15th March 2019 and sought further information stating ‘The application has not been properly completed and, is, therefore not a duly made application’. … We considered whether the landlord had a reasonable excuse to not have a licence during the relevant period. … If he had, he would have been aware that an application had not been received. We did not accept the teething problems of the IT as a reasonable excuse. It was also open to the client to make a paper application to the Council. … Further, the arrangements relate to gaining access in April 2019, some 7 months after a licence was required. We therefore did not accept that this amounted to a reasonable excuse. …
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 NG1 4EP · Licensing schemes and register for NG1 4EP
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.