6 Rosemary House, Leighton Road, Camden NW5 2UX
LON/00AG/HMG/2019/0022 · Camden · decided 18 Nov 2020 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 5 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 8 Sep 2018 to 19 Jun 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £1,692.84 then deducted for utilities |
| Amount the tribunal ordered | £2,122.27 per applicant on average; £10,611.37 in total for 5 applicants |
| Share of the maximum | not stated |
| 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
He submitted that the tribunal should not penalise the respondent by reason of his conduct towards the tenants, as this was explicable by reason of his poor mental health. … The total rent paid by the applicants during the period from 8 September 2018 to 19 June 2019 was £16,851.94, calculated as set out below. In calculating this sum the tribunal has had regard to section 44(3)(a) of the 2016 Act which states that, ‘The amount that the landlord may be required to repay in respect of a period must not exceed the rent in respect of that period.’ The tribunal have therefore apportioned rent paid by the applicants to the rent in respect of the period during which it finds that the offence was committed. … Insofar as permitted deductions are concerned the parties agreed a rate of £100 per month for gas and electricity. Council tax of £120.26 per month was paid. As a resident landlord the respondent would have had to pay council tax for the property in any event, but at a discounted rate if in sole occupation. Broadband was claimed but no evidence was provided to the tribunal as to the amount paid for broadband which the respondent would have had in any event. The tribunal have therefore attributed a cost of £20 per month to this. The tribunal were offered no pro-rated figures to reflect the resident landlord nor the differing number of occupants from time to time at the property. …
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.