First Floor Flat, 43 Prout Grove, London, NW10 1PU
LON/00AE/HMF/2022/0068 · Brent · decided 9 Dec 2022 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 1 Apr 2020 to 31 Mar 2021 |
| Maximum the tribunal could award | £18,000 |
| Amount the tribunal ordered | £2,096.84 per applicant on average; £4,193.69 in total for 2 applicants |
| Share of the maximum | 23%, 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
reasonable excuse. The failure to obtain a licence where one is required is a criminal offence, and it was incumbent upon the Respondent to take reasonable steps to satisfy himself as to the legal requirements relating to the letting of the Property. There is no evidence before us that he took any steps whatsoever to do so or that he joined any forums or had any other system for keeping up to date with the law. … As for his second argument, it is true that the local housing authority has a responsibility to advertise the introduction of a new licensing scheme in general terms. However, he has not argued that it failed to do so and appears instead simply to be implying that a landlord is not liable for this offence unless the local housing authority has informed him personally of the current licensing requirements. This is not the case. … In conclusion, we do not accept that the Respondent had a reasonable excuse for the purposes of section 95(4). The offence. Section 40 of the 2016 Act confers power on the First-tier Tribunal to make a rent repayment order where a landlord has committed an offence listed in the table in sub-section 40(3), subject to certain conditions being satisfied. The offence of control or management of an unlicensed HMO under section 95(1) of the 2004 Act is one of the offences listed in that table. …
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 NW10 1PU · Licensing schemes and register for NW10 1PU
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.