36 Millward Street Small Heath Birmingham B9 5BA
BIR/47UD/HMF/2024/0002 · Birmingham · decided 6 Dec 2024 · rent repayment order
old rulesfigures not yet checked| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £675 per month |
| Period the order relates to | 5 Jun 2023 to 3 Mar 2024 |
| Maximum the tribunal could award | £6,050 |
| Amount the tribunal ordered | £1,900 (1 applicant) |
| Share of the maximum | 55%, as the tribunal stated it |
| Tribunal fees to be reimbursed | £330 |
| 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 amount hasn't been checked yet and is left out of the statistics, so compare it with the original.
From the tribunal's reasons on the amount
rent repayment order. Entitlement of the Applicant to apply for a rent repayment order 43 The Tribunal determined that the Applicant was entitled to apply for a rent repayment order pursuant to section 41(1) of the 2016 Act. In accordance with section 41(2), the subject property was let to the Applicant throughout the period that the Respondent was committing the relevant offence; and the offence was committed in the period of 12 months ending with the day on which the application was made (24 July 2024). … 45 Even if the Tribunal finds that a relevant offence has been committed, it has a discretion not to make a rent repayment order (see section 43(1) of the 2016 Act). … If a person has committed a criminal offence and the consequences of doing so are prescribed by legislation to include an obligation to repay rent … then the Tribunal should be reluctant to refuse an application for rent repayment order. 46 The Tribunal was satisfied that there was no ground on which it could be argued that it was not appropriate to make a rent repayment order in the circumstances of the present case. Amount of rent repayment order 47 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 95(1) of the 2004 Act (‘the relevant period’). …
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.