Flat A, 43 – 45 Grosvenor Terrace, London SE6 0NN
LON/00BE/HMF/2021/0080 · Southwark · decided 24 Mar 2022 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company: Bodel Investments Limited |
| Applicants | 2 tenants |
| Rent | £1,650 per month |
| Period the order relates to | 21 Jul 2019 to 23 Mar 2020 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £2,739.50 per applicant on average; £5,479 in total for 2 applicants |
| Share of the maximum | 80%, 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; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
The tribunal is therefore satisfied beyond reasonable doubt that BIL does not have a defence of reasonable excuse in this case. … Since there are in fact two separate periods between April 2019 and March 2020 when the Property required a licence but did not have one, the question is whether an offence has been committed for each of these periods. … The tribunal is accordingly satisfied beyond reasonable doubt that BIL has committed the offence of being a person having control of and/or managing an HMO which was required to be licensed but was not so licensed, on two specific occasions: (a) one in the period 19 April to 11 July 2019 inclusive and (b) one in the period 21 July 2019 to 23 March 2020 inclusive, contrary to section 72(1) of the 2004 Act. Issue 2: tenancy status of the Applicants. The requirements for making a tenant’s application for an RRO are set out in s.41(2) of the 2016 Act. In addition to the requirement that the applicant was a direct tenant of the housing to which the offence relates (s.41(2)(a)), it is also necessary that the offence was committed in the 12 months ending on the day the application was made – s.41(2)(b). … The Application in the present case is dated 9 March 2021. Accordingly, while the second offence was committed during the period of 12 months ending with that date, the first offence was not, because it came to an end on 11 July 2019. …
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 SE6 0NN · Licensing schemes and register for SE6 0NN
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.