316 Devonshire Road, London SE23 3TH and
LON/00AZ/HMF/2021/0282 · Lewisham · decided 7 Dec 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 3 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 16 Dec 2020 to 15 Jul 2021 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £600 then deducted for utilities |
| Amount the tribunal ordered | £1,890 per applicant on average; £5,670 in total for 3 applicants |
| Share of the maximum | 80%, as the tribunal stated it |
| Tribunal fees to be reimbursed | £400 |
| 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
management of the Property as an unlicensed HMO. … It has nothing to do with the mandatory HMO licensing regime. Similarly, the reference in para. 6.1 to the Council stopping non-essential work, including new licensing activity must, in our view, also be a reference to the implementation of a new borough-wide additional or selective licensing scheme and not mandatory HMO licensing. … This too, is clearly a reference to the proposed additional licensing scheme, and not mandatory HMO licensing. … At para. … We find that the licensing team were working remotely during the periods of national lockdown and that it would have been possible for him to make contact with that team by telephone. … The Council’s policy is, she said, that emails should not be deleted from the inbox. … She exhibited copies of both emails to her statement. … One, dated 15 September 2021, concerned a dispute between adjoining HMO managers at 40 and 42 Evelyn Street 2021 [398]. … Copies of these emails were also exhibited to her statement. … 45 above). … We nevertheless attach substantial weight to her evidence. … Applying the civil standard of proof, his reasonable excuse defence is dismissed. … On the facts, there is no question of this offence arising. Nothing in the Applicants evidence concerns the use or threat of violence for the purpose of gaining entry to the Property. …
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
This decision replaces an earlier one for the same case: 4 May 2022.
Other rent repayment orders near SE23 3TH · Licensing schemes and register for SE23 3TH
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.