Flat 1, 24 Hamilton Drive, Nottingham NG7 1DF
BIR/00FY/HMK/2019/0072 · Nottingham · decided 31 Jan 2020 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £625 per month |
| Period the order relates to | 1 Aug 2018 to 31 Jul 2019 |
| Maximum the tribunal could award | £6,875 |
| Amount the tribunal ordered | £1,718.75 (1 applicant) |
| Share of the maximum | 25%, 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
must relate to rent paid in a period, not exceeding 12 months during which the landlord was committing an offence under section 95(1) of the 2004 Act. … Second, the amount that the landlord is required to pay in respect of a period must not exceed the rent paid in respect of that period. Although the Applicant claims rent of £7,140.00, the Tribunal has only been sent evidence of rent being paid for eleven months totalling £6,875.00. Third, in determining the amount of any rent repayment order, the Tribunal must, in particular, take into account the conduct of the parties, the financial circumstances of the landlord and whether the landlord has been convicted of any of the offences listed in section 40 of the 2o16 Act. … Although those observations were made in the context of the rent repayment order regime contained in the 2004 Act, in the view of the Tribunal many of them remain relevant in the context of the 2016 Act regime. … The Residential Property Tribunal (RPT) [now the First-tier Tribunal (Property Chamber)] must take an overall view of the circumstances in determining what amount would be reasonable. (iv) [The 2004 Act] requires the RPT to take into account the total amount of rent received during any period during which it appears to it that the offence was being committed. …
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 1DF · Licensing schemes and register for NG7 1DF
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.