19 Trehurst Street, London E5 0EB
LON/00AM/HMF/2021/0063 · Hackney · decided 29 Nov 2021 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | not stated as one figure |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £1,869.12 then deducted for utilities |
| Amount the tribunal ordered | £4,175.50 per applicant on average; £8,351 in total for 2 applicants |
| Share of the maximum | 70%, as the tribunal stated it |
| 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
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. 43. 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. … 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. That means that it is not appropriate to calculate a rent repayment order by deducting from the rent everything spent on the property during the relevant period. … This deserves to be quoted at length: 23. The offence of having control of or managing an unlicensed HMO is not an offence described in s. …
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.