2 Bedford Grove, Nottingham NG6 9DE
BIR/00FY/HMK/2020/0015 · Nottingham · decided 18 Nov 2020 · rent repayment order
old rulesfigures not yet checked| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £850 per month |
| Period the order relates to | 1 Jan 2019 to 31 Dec 2019 |
| Maximum the tribunal could award | £10,200 |
| Amount the tribunal ordered | £10,200 (1 applicant) |
| Share of the maximum | 100%, 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 amount hasn't been checked yet and is left out of the statistics, so compare it with the original.
From the tribunal's reasons on the amount
defence of reasonable excuse under s95(4) of the 2004 Act. The Tribunal found that the Respondent engaged letting agents throughout on a full management basis, who advised him of the need to make an application and of the consequences of failing to do so. … So far as finances are concerned, if a landlord can’t afford to pay for a licence then he cannot lawfully continue to engage in the licensable activity that is required to be licensed. It cannot ever be a reasonable excuse for a landlord to say, I can’t afford the licence. The answer is, well you cannot then privately let your property and if you do, you commit an offence. … Was the Applicant entitled to apply to the Tribunal for rent repayment orders? The Tribunal determined that the Applicant was entitled to apply for a rent repayment order pursuant to section 41(1) of the 2016 Act. In accordance with section 41(2), the Respondent was committing the relevant offence during a period when the Property was let to the Applicant; and the offence was committed in the period of 12 months ending with the day on which the application was made (1 April 2020). … Should the Tribunal exercise discretion to make an order? Subsection 43(1) of the 2016 Act gives the Tribunal a discretion as to whether or not to make a rent repayment order. …
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 9DE · Licensing schemes and register for NG6 9DE
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.