36B The Avenue, Worcester Park, Surrey KT4 7EY
CHI/43UC/HMF/2021/0025 · Epsom and Ewell · decided 1 Dec 2021 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 4 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 7 Jul 2019 to 6 Apr 2021 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £2,940.37 then deducted for utilities |
| Amount the tribunal ordered | £3,982.46 per applicant on average; £15,929.85 in total for 4 applicants |
| Share of the maximum | 75%, 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; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
The Tribunal turns now to those issues that it must be satisfied about before making a RRO. … The Tribunal must first be satisfied beyond reasonable doubt that the landlord has committed one or more of the seven specified offences. The relevant offence in this case is under section 72(1) of the Housing Act 2004, “control or management of an HMO which is required to be licensed, but is not so licensed”. … As far as the Tribunal is aware no universal credit was paid in respect of rent for the tenancy. … Decision. … The amounts of rent paid by the tenants are respectively as shown in paragraph 25 of this decision, being in each case the rent paid for a period not exceeding 12 months, during which the landlord was committing the offence. … In regard to the conduct of the parties, and on the basis of the evidence actually provided, the Tribunal finds that the Respondent was a reasonable, if somewhat naïve landlord; similarly, the Tribunal finds that the Applicants were not malicious or unreasonably behaved. … The Tribunal considers that the utility outgoings being electricity - £1385.32; gas - £1025.50; and water - £529.55, should be deducted from the gross rents, but not other costs including mortgage, council tax, insurance, repairs and income tax. The total for the above utilities is £2940.37.
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.