12 Kneller Road, London SE4 2AP
LON/00AZ/HMF/2024/0051 · Lewisham · decided 2 Oct 2024 · rent repayment order
old rulesfigures not yet checked| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 6 tenants |
| Rent | not stated as one figure |
| Maximum the tribunal could award | not stated as one figure |
| Amount the tribunal ordered | £1,424.23 per applicant on average; £8,545.36 in total for 6 applicants |
| Share of the maximum | not stated |
| Tribunal fees to be reimbursed | £720 |
| 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 amount hasn't been checked yet and is left out of the statistics, so compare it with the original.
From the tribunal's reasons on the amount
were. … The instruction of the Upper Tribunal is to subtract any sum that represents payment for utilities that only benefited the tenant. However, it cannot be assumed that the whole of a payment for utilities exclusively benefited the tenant: (a) Landlords do not include such services in the rent out of charitable goodwill but for sound commercial reasons such as increasing the chances of achieving a letting, attracting and retaining desirable tenants, and maintaining control of the identity of suppliers to the property. (b) Further, while the rent may be increased from what it would otherwise be if utility payments were not inclusive, there is no basis for assuming that the increase precisely matches those payments. It is possible that the rent increase exceeds the utility payments, thus earning the landlord a profit from including them in the rent. While that may seem improbable at the moment, given that gas and electricity prices have increased substantially, the tenancy agreements in this case were entered into before that happened. … The Upper Tribunal has also provided little guidance as to what its rationale is for making any deduction at all for utility payments.
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.