6 Kimberley Road, London, SW9 9DG
LON/00AY/HMF/2021/0024 · Lambeth · decided 13 Jan 2022 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £823.33 per month |
| Period the order relates to | 21 Mar 2019 to 21 Mar 2020 |
| Maximum the tribunal could award | £9,880 |
| Amount the tribunal ordered | £6,587 (1 applicant) |
| Share of the maximum | 67%, 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
Applicant could not apply for an RRO, because his tenancy of the separate self-contained flat would not “relate” to the housing relevant to the criminal offence (section 41(2)(a), 2016 Act). … The question therefore is whether the property could be an HMO under the converted building test. We are not aware of any case law directly related to this test. … For the house as a whole to be an HMO, the other relevant criteria are that it should (as a whole, including the self-contained flat) have five occupiers (the 2018 Order), that it contains living accommodation which does not consist of a self-contained flat, and that occupiers of that living accommodation do not form a single household (the test in section 254(4)). … We do not have to decide on the facts of this case whether the distinct requirements in the Order and in the section 254 test for more than one household are cumulative or not, as will become evident. … There is no separate requirement for the sharing of amenities in the non-self-contained flat living accommodation, but again the implications need not detain us in coming to a decision in relation to this case. It may be that it is the fact of sharing amenities plus more than one household that makes accommodation fall into the definition of accommodation that is not a self-contained flat. … The Respondent’s case is that the building was not an HMO for two reasons. …
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.