53 City View Apartments, Bristol, BS5 0AA
CHI/00HB/HMB/2020/0001 · Bristol, City of · decided 16 Jun 2020 · rent repayment order
old rules| Offence | Harassment |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £880 per month |
| Period the order relates to | ? to 4 Nov 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £1,540 per applicant on average; £3,080 in total for 2 applicants |
| Share of the maximum | not stated |
| 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; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
reasonable grounds for behaving as the Respondent did and so the statutory defence is not made out. The amount of rent to be repaid. … Under the 2004 Act, section 74(4) provided that where there has not been a conviction the Tribunal shall order such amount as it considers reasonable in the circumstances. While sections 44 and 45 of the HPA 2016 do not include the word “reasonable”, given the similarities between these provisions and the relevant provisions of the 2004 Act, the Tribunal considers that the guidance provided in these Upper Tribunal decisions remains relevant under the HPA 2016. … However, each of those decisions were made on their own facts and are not binding on the Tribunal in any event, although they merit appropriate respect. … 100% of the rent paid is the mandatory amount if there had been an actual conviction. However, in a case such as this one, where there has been no conviction, there is no presumption that there will be a 100% refund of payments made. The Tribunal does note, however, that the benefit obtained by the tenant in having had the accommodation is not a material consideration in relation to the amount of the repayment to order. … However, the Tribunal can only take into account the financial circumstances of the landlord in so far as it is provided with evidence of them. …
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 BS5 0AA · Licensing schemes and register for BS5 0AA
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.