3 Tresillian Gardens, Exeter, Devon, EX4 7AJ
CHI/18UC/HMF/2021/0005 · Exeter · decided 21 Jun 2021 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 4 tenants |
| Rent | £498 per month |
| Period the order relates to | 23 Sep 2019 to 31 Jul 2020 |
| Maximum the tribunal could award | £20,916 |
| Amount the tribunal ordered | £2,315.66 per applicant on average; £9,262.66 in total for 4 applicants |
| Share of the maximum | 45%, as the tribunal stated it |
| 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.
From the tribunal's reasons on the amount
order which might be awarded is incidental and a long way from central to the reasons for that regime. … The Tribunal has determined that the Applicants have not satisfied the Tribunal that an offence was committed during the period to 23rd September 2019 on the cases presented. Late July 2020 onwards. Adopting similar reasoning to that set out above, the Tribunal has determined that from the date at which the first of the five tenants gave up possession by removing possessions and vacating the Property, such that there were four tenants at most- and thereafter rapidly reducing to none- it is not satisfied to the requisite criminal standard that the Property continued to be licensable. … In terms of the relevant date, the evidence is that there were fewer than five tenants continuing in occupation before the end of July 2020. … In addition to the reasoning applied to the period to mid- September 2020, the Tribunal considers it is highly relevant that the occupiers were leaving and not returning. The Tribunal does not consider that they could properly be regarded as being in occupation of a property that they have specifically left of their own accord, removing their possessions and not intending, it must sensibly be inferred, to return to the Property to occupy for the purpose of their completed course. …
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 EX4 7AJ · Licensing schemes and register for EX4 7AJ
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.