Room 2 at 5 Trent Road, Chelmsford, Essex CM1 2LG
CAM/22UF/HMF/2021/0022 · Chelmsford · decided 22 Aug 2022 · rent repayment order
old rules| Offence | Unlicensed HMO; also harassment |
|---|---|
| Landlord | Company and individuals |
| Applicants | 1 tenant |
| Rent | £450 per month |
| Period the order relates to | 1 Dec 2019 to 30 Nov 2020 |
| Maximum the tribunal could award | £3,266.63 |
| Amount the tribunal ordered | £3,266.63 (1 applicant) |
| Share of the maximum | 100%, 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
of services reasonably required for the occupation of the premises in question as a residence for there to be an offence under section 1(3A) under the 1977 Act. Also, in the absence of evidence to the contrary the Tribunal accepted that there may well have been a problem with the boiler which led Respondent 2 to switch it off until the issue was remedied which, in the absence of evidence to the contrary, amounted to reasonable grounds for withdrawing or withholding the services in question which under section 1(3A) is a defence to the offence under section 1(3B) under the 1977 Act. … Therefore, the Tribunal was not satisfied beyond a reasonable doubt that Respondent 2 as the agent of Respondent 1 had been guilty of an offence of persistently withdrawing or withholding services reasonably required for the occupation of the premises in question as a residence, knowing or having reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises. Incident 2 95. … However, the Tribunal was of the opinion that the altercation and its causes were not of themselves relevant. … The question for the Tribunal was whether the removal of the door amounted to an unlawful eviction under section 1 of the 1977 Act. … The Tribunal considered the elements of the offence and applied them to the present case. …
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 CM1 2LG · Licensing schemes and register for CM1 2LG
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.