128 Ashley Down Road, Bristol BS7 9JS
CHI/00HB/HMF/2020/0012 · Bristol, City of · decided 27 Jul 2020 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 5 tenants |
| Rent | £2,200 per month |
| Period the order relates to | 4 Apr 2019 to 18 Dec 2019 |
| Maximum the tribunal could award | £18,522.58 |
| Amount the tribunal ordered | £3,704.52 per applicant on average; £18,522.58 in total for 5 applicants |
| Share of the maximum | 100%, from the two figures above |
| 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
amount attributable to the period of the offence, which amount in this case is agreed. … Section 40 of the Act confers the Tribunal with power to make a rent repayment order where a landlord has committed an offence to which applies. … Section 40(3) contains a table listing the offences and included in the list at row 5 is the control or management of an unlicensed HMO in breach of section 72(1) of the Housing Act 2004. The offence of failing to comply with section 72(1) is a strict liability offence subject to the statutory defences of (1) at the material time an application for the licence had been duly made, and (2) a reasonable excuse. … A tenant may apply for a rent repayment order only if the offence relates to housing that at the time of the offence was let to the tenant and the offence was committed in the period of 12 months ending with the day on which the application was made. (Section 41 of the Act). … The amount of the rent repayment order is to be determined in accordance with section 44 where, as in this application, the application was made by the tenant. … In this case, the offence is an offence mentioned in row 5 of the table in section 40(3), (see paragraph 36 above), so the amount must relate to rent paid by the Applicants for a period, not exceeding 12 months during which the landlord was committing the offence. …
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 BS7 9JS · Licensing schemes and register for BS7 9JS
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.