Flat 11 Nestor House, Old Bethnal Green Road, London E2 6QU
LON/00BG/HMB/2018/0002 · Tower Hamlets · decided 17 Dec 2018 · rent repayment order
old rules| Offence | Harassment; also illegal eviction, improvement notice not complied with, other |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £500 per month |
| Period the order relates to | 20 Jan 2018 to 5 Aug 2018 |
| Maximum the tribunal could award | £3,254.80 |
| Amount the tribunal ordered | £2,115.62 (1 applicant) |
| Share of the maximum | 65%, 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
When considering the amount of the rent repayment order, the starting point is not 100% of the rent paid, which is the mandatory amount if there had been an actual conviction: see section 46 of the H&PA 2016. … Under the 2004 Act, section 74(4) provided that where there has not been a conviction the tribunal shall order such amount as it considers reasonable in the circumstances. While sections 44 and 45 of the H&PA 2016 do not include the word “reasonable”, given the similarities between these provisions and the relevant provisions of the 2004 Act, the tribunal considers that the guidance provided in these Upper tribunal decisions remains relevant under the H&PA 2016. … Accordingly, the tribunal has proceeded on the basis that (i) there is no presumption that there will be a 100% refund of payments made, and (ii) the benefit obtained by the tenant in having had the accommodation is not a material consideration. … Such threats are simply unacceptable in a landlord and tenant relationship. … It appears that the tenants paid the usual utilities bills, in addition to the rent, so these expenses to do not fall to be deducted from any rent repayment order. … Application for costs and refund of fees. … This was understood to be an application for reimbursement of the £100 issue
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 E2 6QU · Licensing schemes and register for E2 6QU
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.