7 Glen Iris Avenue, Canterbury, Kent CT2 8HP
CHI/29UC/HMK/2019/0011 · Canterbury · decided 12 Aug 2019 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 4 tenants |
| Rent | £2,000 per month |
| Period the order relates to | 1 Oct 2018 to 30 Jun 2019 |
| Maximum the tribunal could award | £14,070 |
| Amount the tribunal ordered | £1,758.75 per applicant on average; £7,035 in total for 4 applicants |
| Share of the maximum | 50%, as the tribunal stated it |
| Tribunal fees to be reimbursed | £100 |
| 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
The Tribunal may make a rent repayment order under s.73(5) of the Act. The amount should be “such amount as the Tribunal considers reasonable in the circumstances” (s.74(5). When exercising its judgment, the Tribunal must take into account the total amount of relevant payments, the conduct and financial circumstances of the landlord, whether the landlord has been convicted of any specified offence at any time, and the conduct of the occupiers (s.74(6). … He held that s.74(6) was not a complete list of matters to be taken into account: any fine imposed is a relevant factor; there is no presumption or starting point of 100% reimbursement of payments made; the length of time the offence was committed and the culpability of the landlord are both relevant factors. … Applying these principles in this case, I find as follows: The conduct of the landlord. … To do so would be to punish the landlord for matters that form no part of the offence”. He concluded: it is only [the landlord’s conduct] in relation to his failure to obtain a licence that requires to be considered”. … It is not entirely clear, however, when the Respondents became aware that the property was subject to HMO licensing from 1 October 2018, and why they did not apply for the licence earlier. …
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 CT2 8HP · Licensing schemes and register for CT2 8HP
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.