Room 4, 41 Valley Road, London SW16 2XL
LON/00AY/HMF/2020/0220 · Lambeth · decided 18 May 2021 · rent repayment order
old rulesDismissed: the tribunal did not make a rent repayment order in this decision. See the original for its reasons.
| Offence | Unlicensed HMO; also illegal eviction, harassment |
|---|---|
| Landlord | Company |
| Applicants | 1 tenant |
| Rent | £700 per month |
| Period the order relates to | 3 Mar 2018 to 2 Mar 2019 |
| 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
should be dismissed by the tribunal. … The tribunal finds that the applicant has failed to prove beyond all reasonable doubt that an offence was being committed under s.71(2) of the Housing Act 2004 by the respondent at any time before an application for a HMO licence was made by the respondent on 26 February 2020 after which date, a defence by virtue of s.73(2)(b) of the Housing Act 2004 can be relied upon by the respondent. Although a litigant in person, the applicant failed to provide any witness statements from any of the other tenants, including his partner and joint tenant, from which the tribunal could make findings or reasonable inferences. Therefore, the application for a rent repayment order for the period 3 March 2018 to 2 March 2019 or any other period in the sum of £8,400 (or other sum) is refused. (2) Harassment. … Therefore, the tribunal dismisses the application and refuses to make a rent repayment order as sought by the applicant. … Although, the respondent made a counterclaim for rent arrears in the sum of £12,500 this was not pursed at the hearing of the application other than as reason to make a reduction in any rent repayment order made as it ordinarily falls outside of the jurisdiction of the tribunal.
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 SW16 2XL · Licensing schemes and register for SW16 2XL
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.