First Floor Flat, 77 Lennox Road London N3 3JF
LON/00AU/HMF/2023/0218 · Barnet · decided 7 Mar 2024 · rent repayment order
old rulesOut of time or no jurisdiction: the tribunal did not make a rent repayment order in this decision. See the original for its reasons.
| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | not stated as one figure |
| Period the order relates to | ? to 17 Aug 2023 |
| 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
determined in accordance with— (a)section 44 (where the application is made by a tenant); 9. Finally section 44(1) HPA 2016 of the Act provides that where the First-tier Tribunal decides to make a rent repayment order under s41(1) in favour of a tenant, the order may be made in relation to rent paid over the period not exceeding 12 months during which the landlord was committing the offence. 10.The effect of section 41(1) HPA 2016 is that the tribunal has to be satisfied that the application was made in time; i.e. that offence was being committed at some point in the 12-month period ending on the day on which the application was made, in this case on 17th August 2023. For reasons which have not been made clear the applicants waited until the last possible day to make this application. … We queried whether this had to be established to the criminal standard, beyond all reasonable doubt, or to the civil standard, on the balance or probabilities. … Identifying that period is an aspect of quantifying the amount of the RRO, even though the period is defined in relation to certain offences as being the period during which the landlord was committing the offence” 11. …
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
Other rent repayment orders near N3 3JF · Licensing schemes and register for N3 3JF
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.