97 Burnham Tower, Fellows Road, London NW3 3JP
LON/00AG/HMK/2017/0016 · Camden · decided 20 Mar 2018 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £2,300 per month |
| Period the order relates to | 21 Aug 2017 to 2 Nov 2017 |
| Maximum the tribunal could award | £1,865.19 |
| Amount the tribunal ordered | £580.93 (1 applicant) |
| Share of the maximum | 31%, 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
order which the tribunal may make: 36.1 The amount must relate to (and not exceed) the rent paid during the period over which the landlord was committing the offence. In the subject case the parties were agreed that period was 21 August to 2 November 2017 – a period of 74 days. … However, the current scheme replaces several provisions which were set out in the original scheme in the HA 2004. … To provide for a further penalty in addition to any fine imposed; 2. To help discourage illegal letting of properties by landlords, and 3. To resolve problems that would arise from a withholding of rent by tenants. … Any fine imposed is a relevant factor; 2. There is no presumption or starting point of a 100% refund of payments made; 3. The tribunal should consider the length of time that the offence was being committed; 4. The benefit obtained by the tenant having had accommodation is not a material consideration; 5. Payments made in respect of utilities should normally be excluded; and 6. … The amount of mortgage payments made by the landlord was taken into account. … Expenses properly incurred by the landlord and the profit of the landlord should be taken into account. … In the present case the parties were agreed that the rent of £2,300 pcm equates to £75.616 per day; that the offence was committed over a period of 74 days so that the rent paid for that period amounted to £5,595.58. …
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 NW3 3JP · Licensing schemes and register for NW3 3JP
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.