14 Bassett Road London W10 6JJ
LON/00AW/HMF/2022/0070 · Kensington and Chelsea · decided 11 Apr 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | not stated as one figure |
| Period the order relates to | 21 Feb 2021 to 21 Feb 2022 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £720 then deducted for utilities |
| Amount the tribunal ordered | £3,750 (1 applicant) |
| Share of the maximum | 76%, as the tribunal stated it |
| 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 maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
applicant during the period of occupancy as set out within the trial bundle and as declared at the start of the hearing. … The Upper Tribunal established a four-stage approach the Tribunal must adopt when assessing the amount of any order: “20. 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 is expected to make an informed estimate where appropriate. c. Consider how serious this offence was, both compared to other types of offence in respect of which a rent repayment order may be made (and whose relative seriousness can be seen from the relevant maximum sentences on conviction) and compared to other examples of the same type of offence. What proportion of the rent (after deduction as above) is a fair reflection of the seriousness of this offence? That percentage of the total amount applied for is then the starting point (in the sense that that term is used in criminal sentencing); it is the default penalty in the absence of any other factors but it may be higher or lower in light of the final step: d. …
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.