Unit 6_2A Byam Street SW6 2RD
LON/00AN/HMF/2022/0125 · Hammersmith and Fulham · decided 20 Feb 2023 · rent repayment order
old rulesfigures not yet checked| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 5 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 1 Jun 2020 to 31 Aug 2021 |
| Maximum the tribunal could award | not stated as one figure |
| Amount the tribunal ordered | £5,921 per applicant on average; £29,605 in total for 5 applicants |
| Share of the maximum | 95%, 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; the amount hasn't been checked yet and is left out of the statistics, so compare it with the original.
From the tribunal's reasons on the amount
presumption that it should do so (at [40]); (iii) The factors that a FTT may take into account are not limited by those mentioned in section 44(4), though these are the main factors which are likely to be relevant in the majority of cases (at [40]). (iv) A FTT may in an appropriate case order a sum lower than the maximum sum, if what the landlord did or failed to do in committing the offence is relatively low in the scale of seriousness ([41]). (v) In determining the reduction that should be made, a FTT should have regard to the “purposes intended to be served by the jurisdiction to make a RRO” (at [41] and [43]). … Thus, a FTT should distinguish between the professional “rogue” landlord, against whom a RRO should be made at the higher end of the scale (80%) and the landlord whose failure was to take sufficient steps to inform himself of the regulatory requirements (the lower end of the scale being 25%). … The following approach will ensure consistency with the authorities: a. Ascertain the whole of the rent for the relevant period; b. Subtract any element of that sum that represents payment for utilities that only benefited the tenant, for example gas, electricity and internet access. It is for the landlord to supply evidence of these, but if precise figures are not available an experienced tribunal will be able to make an informed estimate. c. …
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.