43 Raynham Road, London W6 0HY
LON/00AN/HMK/2019/0061 · Hammersmith and Fulham · decided 21 Jan 2020 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 5 tenants |
| Rent | not stated as one figure |
| Period the order relates to | ? to 18 Jul 2019 |
| Maximum the tribunal could award | £32,415 |
| Amount the tribunal ordered | £4,213.95 per applicant on average; £21,069.75 in total for 5 applicants |
| Share of the maximum | 65%, from the two figures above |
| 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
He is not a professional landlord but did employ a managing agent, who is his agent. … The financial circumstances of the landlord: The Directions invited the Respondent to provide a statement as to any circumstances that could justify a reduction in the RRO and evidence of any outgoings. The only evidence of outgoings to which the tribunal was referred was the cost of the bathroom refurbishment. … The tribunal do not consider that this is a cost that justifies a reduction in the amount of the RRO. … This was a decision under the 2004 Act where the wording of section 74(6) is similar, but not identical, to the current provisions. The RRO provisions have a number of objectives: (i) to enable a penalty in the form of a civil sanction to be imposed in addition to the penalty payable for the criminal offence of operating an unlicensed HMO; (ii) to help prevent a landlord from profiting from renting properties illegally; and (iii) to resolve the problems arising from the withholding of rent by tenants. There is no presumption that the RRO should be for the total amount received by the landlord during the relevant period. The Tribunal should take an overall view of the circumstances in determining what amount would be reasonable. The circumstances in which the offence is committed is always likely to be material. …
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.