10 Woodlands Street, London SE13 6TU
LON/00AZ/HMF/2022/0192 · Lewisham · decided 9 Mar 2023 · rent repayment order
old rulesOut of time or no jurisdiction: the tribunal did not make a rent repayment order in this decision. See the original for its reasons.
| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 1 May 2020 to 30 Apr 2021 |
| 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
paid by a tenant ... … (2) A tenant may apply for a rent repayment order only if – (a) the offence relates to housing that, at the time of the offence, was let to the tenant, and (b) the offence was committed in the period of 12 months ending with the day on which the application is made. Housing Act 2004 Section 72 (1) A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part … but is not so licensed. Tribunal’s analysis. The application is for repayment of rent in respect of the period 1 May 2020 to 30 April 2021, but the application was received by the tribunal on 23 August 2022. Under section 41(2) of the 2016 Act, “A tenant may apply for a rent repayment order only if … the offence was committed in the period of 12 months ending with the day on which the application is made”. At first sight it would therefore appear that the application is out of time, because the claim relates to a period ending on 30 April 2021 and that date is more than 12 months before the date on which the application was made. … The additional licensing scheme was discussed at the hearing. … As the Property is not above commercial premises the Applicants conceded that the additional licensing scheme did not in fact apply 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
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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.