Prestwood House, Wolverhampton Road, Stourbridge, West Midlands, DY7 5AL
BIR/41UF/HMJ/2022/0012 · South Staffordshire · decided 4 Nov 2022 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company: VPS (UK) Limited |
| Applicants | 1 tenant |
| Rent | not stated as one figure |
| Period the order relates to | 1 Feb 2021 to 31 Jan 2022 |
| Maximum the tribunal could award | £2,645 |
| Amount the tribunal ordered | £2,000 (1 applicant) |
| Share of the maximum | 76%, 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
24 In accordance with section 44(2) of the 2016 Act, the amount of an order must relate to rent paid in a period, not exceeding 12 months, during which the landlord was committing an offence under section 72(1) of the 2004 Act. It is not disputed that the Applicant’s claim satisfies that condition. 25 In accordance with section 44(3) of the 2016 Act, the amount that the landlord is required to repay in respect of a period must not exceed the rent paid by the tenant in respect of that period less any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period. … 27 Applying those principles, the Applicant claims repayment of £3,045.00, which is the rent paid during the relevant period. The Respondent did not dispute that figure. However, since the Applicant had rent arrears of £400.00 at the beginning of the relevant period, the net rent paid in respect of the relevant period and therefore the maximum amount of a rent repayment order is £2,645.00. 28 In accordance with section 44(4) of the 2016 Act, 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. …
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.