5 St George’s Road, Leamington Spa, CV31 3AY
BIR/44UF/HMK/2023/0011 · Warwick · decided 9 May 2024 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £2,200 per month |
| Period the order relates to | 25 Sep 2022 to 11 May 2023 |
| Maximum the tribunal could award | £3,318.21 |
| Amount the tribunal ordered | £1,493.19 (1 applicant) |
| Share of the maximum | 45%, 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.
From the tribunal's reasons on the amount
Offence Section 72(1) of the Housing Act 2004 30. Under section 72(1), a person commits an offence if they are a person having control of or managing an HMO which is required to be licensed under section 61(1) the Housing Act 2004 but is not so licensed. … The Respondent accepts that, at the relevant time, she owned the Property and received rent from the tenants who occupied it, initially through a letting agent but subsequently directly from the tenants who occupied it. … We determine, therefore, that during the period of the agreement, the Respondent, as an owner receiving rent (whether directly or through an agent), was ‘a person managing’. … We are satisfied from the Applicant’s and Respondent’s evidence that the Property met the conditions of the standard test as set out in section 254(2) of the 2004 Act and that it was an HMO. The units of accommodation were not self-contained flats. The Applicant had use of shared facilities, particularly the kitchen and living room, with four other tenants. The tenants did not form a single household. The tenants were full- time students and were therefore ‘treated’ as occupying the premises as their only or main residence under the provisions of section 259 of the 2004 Act. The Respondent accepted at the hearing that, due to the number of households occupying and the shared facilities, the Property was an HMO. …
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 CV31 3AY · Licensing schemes and register for CV31 3AY
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.