22 Park View Court, Bath Street, Nottingham, NG1 1DD
BIR/00FY/HMK/2020/0038 · Nottingham · decided 25 Jun 2021 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £400 per month |
| Period the order relates to | 2 Jun 2019 to 27 Apr 2020 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £4,340 (1 applicant) |
| Share of the maximum | not stated |
| 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
governed by section 44 of the 2016 Act. This requires that the amount must relate to rent paid by the tenant in respect of a period, not exceeding 12 months, during which the landlord was committing the offence. … There is no justification for reducing the amount ordered to be repaid by deducting landlord’s expenses, or mortgage costs, or for ordering repayment of only the landlords profit. The previous statutory requirement that the tribunal only award a “reasonable” sum no longer applied. … Ignorance of the need to obtain an HMO licence may be relevant in a financial penalty case in at least two different ways. There may be cases in which an ignorance of the facts which give rise to the duty to obtain a licence may provide a defence of reasonable excuse under section 72(5) . … The FTT in that case was not persuaded of the letting agents' lack of knowledge but, if it had been, his ignorance of the need to obtain a licence in those circumstances would have been capable of supporting the statutory defence. It is also possible to imagine circumstances in which a landlord had a reasonable excuse for not appreciating that a property had come within a selective licensing regime (although it would be necessary for the landlord to have taken reasonable steps to keep informed). …
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
This decision replaces an earlier one for the same case: 23 Sep 2020.
Other rent repayment orders near NG1 1DD · Licensing schemes and register for NG1 1DD
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.