6 Madeira Avenue, Horsham RH12 1AB
CHI/45UF/HMF/2022/0007 · Horsham · decided 29 Sep 2022 · rent repayment order
old rules| Offence | Illegal eviction; also unlicensed hmo, harassment |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £475 per month |
| Period the order relates to | 11 Dec 2020 to 25 May 2021 |
| Maximum the tribunal could award | £1,425 |
| Amount the tribunal ordered | £5 (1 applicant) |
| Share of the maximum | 0%, from the two figures above |
| 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
criminal offence by the Respondent. … The Horsham County Court in applying the civil standard of proof found the allegation not proved. … The Applicant also relies upon the service of unlawful notices to quit and what he describes as intemperate language. Again we are not satisfied beyond reasonable doubt that an offence has been committed. … Further the language used does not in our judgment constitute harassment. … Finally we turn to the question as to whether the Property was an unlicensed HMO. … He invites the Tribunal to infer that there is no licence due to the service of an improvement notice. … We are not satisfied beyond reasonable doubt that an offence pursuant to Section 72(1) of the Housing Act 2004 has been committed. We have no evidence that there is not a licence in place. … It may be therefore that a temporary exemption notice was granted by the local authority. We do not know. … We are however satisfied that there is some doubt in our minds on the evidence presented and so do not find that any offence has been committed. Has the application been made in time? … The application was made within 12 months of the offence which we have found was committed on 25th May 2022 and so the application was made within the statutory time of 12 months from the offence. …
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 RH12 1AB · Licensing schemes and register for RH12 1AB
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.