Flat 6 Latimer Gate, Bernard Street, Southampton, SO14 3ER
CHI/00MS/HMK/2019/0019 · Southampton · decided 11 Nov 2019 · rent repayment order
old rulesDismissed: the tribunal did not make a rent repayment order in this decision. See the original for its reasons.
| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £1,400 per month |
| Period the order relates to | 1 Oct 2018 to 16 Mar 2019 |
| 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
may be ordered for repayment must relate to the rent paid by the tenants during the relevant period. … The Tribunal also explained that in determining the amount of any repayment, the Tribunal must take into account the conduct of both the landlord and the tenant, the financial circumstances of the landlord and whether the landlord has been convicted of any of the offences listed under Section 40. … The Tribunal indicated that in broad terms, where a property is let to multiple occupants in an area designated by the local authority as requiring such property to be licensed as an HMO, but no licence has been issued, then the tenants may seek an order for repayment of rent. However, the first issue was whether or not at the time for which rent repayment is being claimed, the Property was an HMO. … The Tribunal accordingly invited the parties firstly to make their submissions in regard to whether Section 43(1) was satisfied and, then to make their submissions as to the amount of any repayment. … The Tribunal turns now to those issues that it must be satisfied about before making a RRO. … The Tribunal must first be satisfied beyond reasonable doubt that the landlord has committed one or more of the seven specified offences. The relevant offence in this case is under section 95(1) of the Housing Act 2004, “control or management of an unlicensed house”. … Decision. …
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 SO14 3ER · Licensing schemes and register for SO14 3ER
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.