8 Gamble Street, Nottingham, NG7 4EY
BIR/00FY/HMK/2021/0007 · Nottingham · decided 27 Aug 2021 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 12 tenants |
| Rent | £429 per month |
| Period the order relates to | 2 Sep 2019 to 16 Aug 2020 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £866.01 then deducted for utilities |
| Amount the tribunal ordered | £4,546.31 per applicant on average; £54,555.74 in total for 12 applicants |
| Share of the maximum | not stated |
| Tribunal fees to be reimbursed | £19 |
| 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
(2)A tenant may apply for a rent repayment order only if — (a)the offence relates to housing that, at the time of the offence, was let to the tenant, and (b)the offence was committed in the period of 12 months ending with the day on which the application is made. … By s43(3) the amount of a rent repayment order in the case of an application by a tenant is to be determined in accordance with s44. … The conduct of the landlord and the tenant, b. The financial circumstances of the landlord, and c. … It is a defence to a charge of letting an unlicenced HMO that the person had applied for a licence or had a reasonable excuse for having control or managing the house without a licence (s72(5) 2004 Act) which provides: “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.” The Decision. In this case the Respondents accept that the properties are houses in multiple occupation which should be licenced under the relevant legislation, but they were not so licenced. It is also not in dispute that at the time of the offence they were let to the Applicants. …
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
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Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.