4 Weddell House, Duckett Street, London E1 4LT
LON/00AL/HMF/2021/0186 · Tower Hamlets · decided 16 Mar 2022 · rent repayment order
old rulesDismissed: the tribunal did not make a rent repayment order in this decision. See the original for its reasons.
| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 5 tenants |
| Rent | £3,029 per month |
| Period the order relates to | 13 Nov 2019 to 12 Nov 2020 |
| 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
If we are wrong on the reasonable excuse, we shall deal shortly with the amount of the rent repayment order we would otherwise have made. … (2) A rent repayment order is an order requiring the landlord under a tenancy of housing in England to (a) repay an amount of rent paid by a tenant ... under the tenancy. … Among the relevant offences is having control of or managing an HMO which is required to be licensed and which is not licenced. 39. s. 43 of the 2016 Act provides that the Tribunal may make a rent repayment order if it is satisfied beyond reasonable doubt that the offence has been committed, and that where the application is made by a tenant the amount is to be determined in accordance with s.44. … (2) The amount must relate to [our emphasis] rent paid during the period mentioned in the table: [The table provides for the offence in these proceedings to be a period not exceeding 12 months, during which the landlord was committing the offence.] (3) The amount that the landlord may be required to repay in respect of a period must not exceed (a) the rent paid in respect of that period ... . … The case law. … That is of some importance in this case. … It is not possible to find in the 2016 Act any support for limiting the rent repayment order to the landlord’s profits. That principle should no longer be applied. …
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 E1 4LT · Licensing schemes and register for E1 4LT
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.