8 Hayes Place, Bath, BA2 4QW
CHI/00HA/HMF/2021/0020 · Bath and North East Somerset · decided 25 Oct 2021 · rent repayment order
old rulesfigures not yet checked| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 4 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 8 Aug 2020 to 22 Sep 2020 |
| Maximum the tribunal could award | not stated as one figure |
| Amount the tribunal ordered | £320.78 per applicant on average; £1,283.13 in total for 4 applicants |
| Share of the maximum | not stated |
| Tribunal fees to be reimbursed | £100 |
| 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
On the question of quantum, the 2016 Act changed the way in which Tribunals should consider the calculation of an RRO. Under the 2004 Act, the Tribunal’s calculation had to be tempered by a requirement of reasonableness. For example, the landlord should only be ordered to repay any profit element from the rent. … In other words, expenses incurred by the landlord as a result of obligations to keep a property in repair, insured etc. under the terms of an occupancy agreement would have had to be incurred in any event and should not be deducted. … The starting point is therefore the actual rent paid during the relevant period. Such matters as the parties’ conduct or the landlord’s financial circumstances can be used to assess any claim. There is no actual evidence of financial hardship on the part of the 1st Respondent. He has been asked to give any details of financial hardship on 2 occasions. He says that he is a pensioner receiving £700 per month but he adds “without my wife’s income and her assistance, I would struggle somewhat”. At the last minute, he has provided some evidence of his own modest income in addition to his pension but he has still given no details of his wife’s income and assistance. …
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.