3 The Pavilion, Farnborough, Hampshire GU14 6JT
CHI/24UL/HMG/2019/0005 · Rushmoor · decided 12 Nov 2020 · rent repayment order
old rules| Offence | Harassment |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £800 per month |
| Period the order relates to | ? to 9 Jan 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £147.87 (1 applicant) |
| Share of the maximum | not stated |
| Tribunal fees to be reimbursed | £150 |
| 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, the next decision is how much should the Tribunal order. … The period of rent to be considered is identified in section 44 of the HPA 2016, as the period of 12 months ending with the date of the offence. The offences were found to have been committed were committed on two dates, 3rd and 9th January 2019. The relevant period of time is therefore potentially early January 2018 onwards but the Applicant has not claimed an order for repayment of rent for that period. Rather, the Applicant has done so from January 2019. Accordingly, only 9 days’ worth of rent is relevant. … The amount of rent ordered to be repaid must not, as stated in section 43, exceed the rent paid during that period. … 100% of the rent paid is the mandatory amount if there had been an actual conviction unless there are exceptional circumstances. In a case such as this one, where there has been no conviction, there is no reference in the HPA 2016 that a 100% refund should be ordered. … The Upper Tribunal held that a 100% rent repayment order should be the starting point nevertheless, stating as follows: “That means that there is nothing to detract from the obvious starting point, which is the rent itself for the relevant period of up to twelve months. …
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.