19 A West Street, Fareham, Hampshire PO16 0BG
CHI/24UE/HMC/2022/0001 · Fareham · decided 15 Jul 2022 · rent repayment order
old rules| Offence | Improvement notice not complied with |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £875 per month |
| Period the order relates to | 10 Aug 2020 to 16 Mar 2021 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £1,329.52 per applicant on average; £2,659.03 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
Having exercised its discretion to make a rent repayment order and determined the period for which the order should be made, the next decision was how much should the Tribunal order. … In the absence of a conviction, the relevant provision is section 44(3) of the 2016 Act, which states in respect of the offence found to have been committed by this Respondent that the amount ordered to be repaid must “relate to” rent paid during the period identified as relevant in the table in section 44(2), being: ‘a period, not exceeding 12 months, during which the landlord was committing the offence’. … The Tribunal adopts that position as correct. … Section 44(3) explains that the Tribunal must not order more to be repaid than was actually paid out by the Applicants to the Respondent during that period. The section explains that: “The amount that the landlord may be required to repay in respect of a period must not exceed— (a)the rent paid in respect of that period, less (b)any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period.” 44. The Tribunal has a discretion as to the amount to be ordered, such that it can and should order such amount as it considers appropriate in light of case law and the relevant facts of the case. Relevant caselaw. …
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.