Flat 1, 42 Blaby Road, Leicester, LE18 4SD
BIR/31UJ/HMJ/2021/0011 · Oadby and Wigston · decided 1 Jun 2022 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £625 per month |
| Period the order relates to | 19 Mar 2021 to 11 Oct 2021 |
| Maximum the tribunal could award | £4,375 |
| Amount the tribunal ordered | £546.88 per applicant on average; £1,093.75 in total for 2 applicants |
| Share of the maximum | 25%, 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.
From the tribunal's reasons on the amount
Section 43(1) of the 2016 Act provides that the Tribunal may make a rent repayment order, it is not obliged to do so. … Having regard to the legislative intent behind the introduction of the rent repayment order, namely, to deter and discourage landlords from committing certain offences, and having regard to the absence of knowledge of the commission of the offence being a relevant factor, the Tribunal concludes that it is appropriate to make a rent repayment order. For what sum should the order be made? … (2) The amount must relate to rent paid during the period mentioned in the table. (3) The amount that the landlord may be required to repay in respect of a period must not exceed— (a) the rent paid in respect of that period, less (b) any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period. … By s95(3) of the 2004 Act, a defence exists to proceedings brought in relation to an offence under s.95 from the point at which an application for a license is made. Given that an application was made in this case on 11 October 2021, the period with which the Tribunal is concerned is that for which the offence was committed, in this case, between 19 March 2021 until 11 October 2021. …
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 LE18 4SD · Licensing schemes and register for LE18 4SD
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.