The Gables, 2-4 Blackheath Park, London SE3 9RR
LON/00AL/HMF/2022/0007 · Greenwich · decided 6 Jan 2023 · 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 | Company: Lowe Management Limited |
| Applicants | 5 tenants |
| Rent | not stated as one figure |
| 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
consider a purely hypothetical situation, but rather one strictly related to the actual legal agreements in place. He said that, for example, where a person employed another person to undertake management of a property, and arranges for that person to collect the rents, then the second person would be the person having control. If the person collecting rents passed the rents on to the owner, then the owner would be the person managing (ie as an owner or lessee). … Determination: how should schedule 14 be interpreted? … The first question is the proper construction of schedule 14. … If it is, then it is capable of being guilty of the criminal offence, because schedule 14 does not bite in respect of it. … Both section 254(5) and paragraph 1 of schedule 14 specify a building is not an HMO “for any purposes of this Act” (other than, irrelevantly, part 1). Our view is that in this Act, and in most legislation, the word “any” necessarily encompasses “all”. The phrase “any and all” is not used in legislation because one of those terms would merely repeat the other. Both terms aim to describe the entirety of the members of a set. It does not make a substantive difference if a statute says that all members of a set are excluded, or any given member of a set is excluded. “Any purpose”, or, as here, “any purposes”, of an Act means the same as “all purposes” of an Act. …
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 SE3 9RR · Licensing schemes and register for SE3 9RR
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.