Flat 38 Oakside Court Fencepiece Road, Ilford Essex IG6 2PH
LON/00BC/HMF/2022/0217 · Redbridge · decided 19 Apr 2023 · rent repayment order
old rules| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 22 Jan 2020 to 21 Jan 2021 |
| Maximum the tribunal could award | £16,200 |
| Amount the tribunal ordered | £3,240 per applicant on average; £6,480 in total for 2 applicants |
| Share of the maximum | 40%, 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
Section 43(1) of the 2016 Act provides that the tribunal may make a RRO if satisfied, beyond reasonable doubt, that a landlord has committed a prescribed offence, including the s.95(1) offence, whether or not the landlord has been convicted of that offence. … The amount of the RRO 56. … A tribunal must have particular regard to the conduct of both parties (which includes the seriousness of the offence committed), the financial circumstances of the landlord and whether the landlord has at any time been convicted of a relevant offence. The tribunal should also take into account any other factors that appear to be relevant.” 57. … It is beyond question that the seriousness of the offence is a relevant factor – as one would expect from the express statutory provision that the conduct of the landlord is to be taken into consideration. If the tribunal takes as a starting point the proposition that the order will be for the maximum amount unless the section 44(4) factors indicate that a deduction can be made, the FTT will be unable to adjust for the seriousness of the offence (because the commission of an offence is bad conduct and cannot justify a deduction). It will in effect have fettered its discretion. Instead the FTT must look at the conduct of the parties, good and bad, very bad and less bad, and arrive at an order for repayment of an appropriate proportion of the rent.” 58. …
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 IG6 2PH · Licensing schemes and register for IG6 2PH
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.