59a Clive Road, London E21 8DA
LON/00AY/HMG/2023/0005 · Lambeth · decided 25 Oct 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £580 per month |
| Period the order relates to | 21 Mar 2022 to 20 Sep 2022 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £180 then deducted for utilities |
| Amount the tribunal ordered | £2,145 (1 applicant) |
| Share of the maximum | 65%, as the tribunal stated it |
| 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; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
stock market that day (page R8). Then on 21 April 2022 in relation to the payment of his rent the Applicant texted saying that he was waiting for the USA stock market to open (page R9). … The Applicant’s case was that he was a self-employed fitness instructor (see para 1 of his witness statement at page A35). There was insufficient evidence to show the contrary and there was no suggestion that he carried on that business at his home. … It follows that the Respondent must show on the balance of probabilities that the Applicant was using the property for purposes other than as living accommodation. … The Tribunal was not satisfied that she had done so. Whilst there is evidence that the Applicant has various stock investments, and that on one occasion he was wating for the US stock market to open before being able to pay the rent, it does not follow that he was using the property in order to undertake an investment business. The evidence is just as consistent with the Applicant having placed money in a number of private investments. The mere fact that a tenant invests money on the stock exchange or with a business such as eToro does not lead to the conclusion that they are running a trading business. Is the Property an HMO? … It follows from the findings set out above that during the period in question the property was indeed an HMO. It was occupied by 3 people in 3 households. …
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.