23 Monks Road, Exeter, Devon, EX4 7AZ
CHI/18UC/HMF/2021/0003 · Exeter · decided 7 Jun 2021 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 4 tenants |
| Rent | £1,640 per month |
| Period the order relates to | 17 Sep 2019 to 31 Jul 2020 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £3,004.07 per applicant on average; £12,016.28 in total for 4 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
Having exercised its discretion to make a rent repayment order and determined the period for which the order should be made, the next decision is how much should the Tribunal order. 100% of the rent paid is the mandatory amount during the appropriate period, if there had been an actual conviction unless there are exceptional circumstances. In the absence of conviction, the relevant provision is section 44(3) of the 2016 Act. … Therefore, the amount ordered to be repaid must “relate to” rent paid in “a period, not exceeding twelve months, during which the landlord was committing the offence”. In this instance, the period for which an order may be made is less than twelve months, given the periods in which the Respondent was and was not found to have committed an offence. The Tribunal cannot order more to be repaid than was actually paid out by the Applicants to the Respondent during that period. … In that regard, the Tribunal is mindful of the fact that the other tenant paid 11 months’ worth of £400 per month of the overall rent paid to the Respondent. That was not rent paid by these Applicants. The month’s rent not paid by the other tenant does not relate to these Applicants but in any event, there was no licensing offence committed in relation to that month. …
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.