31 Ellaline Road, London, W6 9NZ
LON/00AN/HMF/2023/0110 · Hammersmith and Fulham · decided 29 Sep 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 5 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 1 Dec 2021 to 30 Nov 2022 |
| Maximum the tribunal could award | £24,520 |
| Amount the tribunal ordered | £3,432 per applicant on average; £17,160 in total for 5 applicants |
| Share of the maximum | 70%, 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
In the light of our findings of fact above, we assess the stage (c) starting point at 75% of the maximum RRO. … The fact that the Respondents are single-property landlords and that the defects are, we conclude, a result of negligence (albeit serious negligence) rather than pursuance of a deliberate business model puts it towards the lower end of the serious band. … At stage (d), we must consider what effect the matters set out in section 44(4) have on our conclusions so far. Section 44(4) provides that in determining the amount of an RRO within the maximum, the Tribunal should have particular regard to the conduct of both parties, and to the financial circumstances of the landlord. We must have particular regard to these matters, but we may also have regard to such other matters as we consider relevant in the circumstances. … The Respondents do not make allegations against the conduct of the Applicants which we could take into account at stage (d), and we do not consider that they could properly have done so. … The Respondents provide evidence that they conducted themselves properly as landlords, referring, for instance, to the prompt provision of landlords’ references to the Applicants. … It is not disputed that the deposit originally paid by the first group of HMO tenants has been protected. …
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.