72 Stuart Crescent, Winchester, Hampshire SO23 9LJ and
CHI/24UP/HMF/2020/0011 · Winchester · decided 17 Sep 2020 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 14 tenants |
| Rent | £3,370 per month |
| Period the order relates to | 1 Oct 2018 to 1 Dec 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £2,000 per applicant on average; £28,000 in total for 14 applicants |
| Share of the maximum | not stated |
| Tribunal fees to be reimbursed | £400 |
| 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
following a receipt of a financial penalty did not apply to financial penalties imposed for an HMO offence. … The Respondent had not challenged that the elements of the offence had been made out. The Respondent’s case was that he had a statutory defence to the offence. Counsel made no application to exclude the interview, and even if he had, and had been successful it would have made no difference to the Respondent’s case because the evidence that the Respondent relied upon for the statutory defences did not cross the threshold of balance of probabilities by some margin. … The Tribunal finds a) The Respondent controlled and managed the property. b) The property was an HMO which required to be licensed from 1 October 2018. c) There was no licence in force for the property from 1 October 2018 t0 6 February 2020. d) The Respondent did not make a valid application for a licence until 2 December 2019. e) The offence is one of strict liability. The Respondent did not have a reasonable excuse for commission of the offence. … The Tribunal is, therefore, satisfied beyond reasonable doubt that the Respondent committed the offence of a person having control of or managing a HMO which is required to be licensed but is not so licensed from 1 October 2018 to 1 December 2019 (inclusive) pursuant to section 72(1) of the 2004 Act. …
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 SO23 9LJ · Licensing schemes and register for SO23 9LJ
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.