116 Upney Lane, Barking Essex IG11 9LR
LON/00AB/HMK/2020/0030 · Barking and Dagenham · decided 23 Sep 2021 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company: Filrooms Limited |
| Applicants | 1 tenant |
| Rent | £606.66 per month |
| Period the order relates to | 1 Aug 2019 to 30 Jun 2020 |
| Maximum the tribunal could award | £6,673.26 |
| Amount the tribunal ordered | £6,673.26 (1 applicant) |
| Share of the maximum | 100%, from the two figures above |
| 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.
From the tribunal's reasons on the amount
be determined in accordance with that section. Sub-paragraph 44(2) provides that in a case concerning an offence under s.72(1) of the 2004 Act, the amount must relate to rent paid during a period, not exceeding 12 months, during which the landlord was committing the offence. … Nor, so far as the tribunal is aware, has the local authority imposed any financial penalty on it under s.249A of the 2004 Act. … Indeed, there is no other available starting point, which is unsurprising; this is a rent repayment order so we start with the rent.” And at [19]: “The only basis for deduction is s.44 itself and there will certainly be cases where the landlord’s good conduct, or financial hardship, will justify an order less than the maximum. But the arithmetical approach of adding up the landlord’s expenses and deducting them from the rent, with a view to ensuring that he repay only his profit, is not appropriate and not in accordance with the law. … A full assessment of the FTT's discretion as to the amount to be repaid ought also to take account of section 46(1).” (S.46, ss. (1) and (5) provide essentially that where the landlord has been convicted of a relevant offence, the tribunal must order the maximum unless this would be unreasonable by reason of exceptional circumstances.) 43. … That issue must await a future appeal. …
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.