35 Cliveden Road, London SW19 3RD
LON/00BA/HMK/2019/0036 · Merton · decided 19 Jul 2019 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £600 per month |
| Period the order relates to | 19 May 2018 to 24 Jun 2018 |
| Maximum the tribunal could award | £718.36 |
| Amount the tribunal ordered | £718.36 (1 applicant) |
| Share of the maximum | 100%, 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.
From the tribunal's reasons on the amount
This was a decision under HA 2004 where the wording of section 74(6) is similar, but not identical, to the current provisions. The RRO provisions have a number of objectives: (i) to enable a penalty in the form of a civil sanction to be imposed in addition to the penalty payable for the criminal offence of operating an unlicensed HMO; (ii) to help prevent a landlord from profiting from renting properties illegally; and (iii) to resolve the problems arising from the withholding of rent by tenants. There is no presumption that the RRO should be for the total amount received by the landlord during the relevant period. The Tribunal should take an overall view of the circumstances in determining what amount would be reasonable. The fact that the tenant will have had the benefit of occupying the premises during the relevant period is not a material consideration. The circumstances in which the offence is committed is always likely to be material. A deliberate flouting of the requirement to register would merit a larger RRO than instances of inadvertence. A landlord who is engaged professionally in letting is likely to be dealt with more harshly than the non-professional landlord. … The UT went on to consider the RRO that was appropriate in that case. … In the current case, the tenants were required to pay separately for gas, water and electricity. …
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
Other rent repayment orders near SW19 3RD · Licensing schemes and register for SW19 3RD
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.