20 Luton Road, E13 8HD
LON/00BB/HSR/2015/0016 · Newham · decided 18 Mar 2016 · rent repayment order
old rulescouncil application| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | the council |
| Rent | £850 per month |
| Period the order relates to | 22 Apr 2014 to 21 Oct 2014 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked); £761.51 then deducted for utilities |
| Amount the tribunal ordered | £3,517.17 in total for the council |
| Share of the maximum | not stated |
| 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
is actually making by way of net profit from a property. … We do not consider that the fact that the Property was not making a profit in terms of rental income over the mortgage at the time is relevant. We say this because to take the mortgage into account would open up a complex consideration of ‘profit’ in relation to the Property, this would involve an investigation as to the capital gain in the Property value during this time. It seems to us that the correct approach for a mortgage cost in most cases is to treat those mortgage payments as the use to which the landlord puts his profit from the letting – i.e. by way of investment in the hope and expectation that property prices will continue their long-term rise. This approach can be contrasted with the landlord who may rent the property in question himself and then sub- let at a profit. In that case, the rent paid by the landlord clearly is a pure expense to him from which he receives no gain. … In looking at the amount of the repayment order in general, we have taken into account that, from the evidence disclosed by the Respondent, he does not appear to be impecunious. … We feel compelled to make a comment regarding some of the evidence in this case. … Quite what the relevance or probative value of this material is, we are not sure.
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 E13 8HD · Licensing schemes and register for E13 8HD
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.