Flat 12, 131 Clapton Common, London, E5 9AB
LON/00AM/HMF/2023/0137 · Hackney · decided 26 Feb 2024 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company: Clapton Investments Ltd |
| Applicants | 1 tenant |
| Rent | £960 per month |
| Period the order relates to | 23 Nov 2021 to 6 Nov 2022 |
| Maximum the tribunal could award | £11,400 |
| Amount the tribunal ordered | £9,120 (1 applicant) |
| Share of the maximum | 80%, as the tribunal stated it |
| 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.
From the tribunal's reasons on the amount
recompense, but to incentivise landlords. … It conveys the message, “a landlord who commits one of the offences listed in section 40(3) is liable to forfeit every penny he receives for a 12- month period”. Further, a landlord is encouraged to put matters right since he will know that, once he does so, there will be no danger of his being ordered to repay future rental payments.” 30. … (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, or (b) pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.” 31. Section 40(3) lists seven offences “committed by a landlord in relation to housing in England let by that landlord”. These include: (i) failure to comply with an improvement notice contrary to section 30(1) of the Housing Act 2004 (“the 2004 Act”) and (ii) control or management of an unlicensed HMO contrary to section 72(1) of the Act. … (2) A tenant may apply for a rent repayment order only if — (a) the offence relates to housing that, at the time of the offence, was let to the tenant, and (b) the offence was committed in the period of 12 months ending with the day on which the application is made. … Section 44 is concerned with the amount payable under a RRO made in favour of tenants. …
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.