36 Sidney House, Old Ford Road, London E2 9QB
LON/00BG/HMF/2020/0205 · Tower Hamlets · decided 22 Apr 2021 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 4 Apr 2019 to 4 Apr 2020 |
| Maximum the tribunal could award | £15,640 |
| Amount the tribunal ordered | £5,865 per applicant on average; £11,730 in total for 2 applicants |
| Share of the maximum | 75%, from the two figures above |
| 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
The tenants say that they should receive the full amount for the period in question, and the landlord says that this is unfair. … Accordingly, the starting point for the calculation of the quantum is the rent paid during the relevant period (to a maximum of 12 months) less the deductions permitted by that decision. … Accordingly, the maximum amount the tribunal may order in repayment is £15,640.00. Factors that may be considered in assessing quantum. Section 72(5) of the 2004 Act contains a statutory defence of ‘reasonable excuse’ to the offence of being in control/management of an unlicensed HMO. … Section 44(4) of the 2016 Act provides that in determining the amount of any RRO the tribunal must, in particular, consider (a) The conduct of the landlord and tenant, (b) The financial circumstances of the landlord. In respect of the landlord’s conduct, we do not find this to be in any way within the definition of ‘rogue’. We are however not satisfied the landlord carried out repairs as and when necessary, and some remained outstanding at the end of the tenancy, which is clearly unacceptable. … The landlord also confirmed that this was their only property and we do not consider them therefore to be ‘professional landlords’, but this does not excuse their lack of knowledge of the licensing system. …
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 9QB · Licensing schemes and register for E2 9QB
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.