19 Halyard House, Manchester Road, London E14 3HD
LON/00BG/HMF/2021/0310 · Tower Hamlets · decided 7 Jun 2023 · rent repayment order
old rulesfigures not yet checked| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company: Silverrooms Limited |
| Applicants | 5 tenants |
| Rent | not stated as one figure |
| Period the order relates to | 13 Sep 2020 to 12 May 2021 |
| Maximum the tribunal could award | not stated as one figure; £1,800 then deducted for utilities |
| Amount the tribunal ordered | £580.20 per applicant on average; £2,901 in total for 5 applicants |
| Share of the maximum | 85%, 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 amount hasn't been checked yet and is left out of the statistics, so compare it with the original.
From the tribunal's reasons on the amount
by a tenant ...”, and section 56 states that “tenancy” for the purposes of the part of the 2016 Act dEaling with rent repayment orders “… includes a licence …”. Therefore, even if these were genuine licences to occupy the tribunal would still have the power to make rent repayment orders. … The Upper Tribunal in that case held that a person or company with no proprietary interest in land can grant a tenancy of that land and can be a landlord. … The local authority which owned the block of flats would have been acting ultra vires if it had granted the trust a tenancy. The licence agreement also prohibited the trust from granting tenancies. … The question was whether that agreement created a tenancy. … However, it is clear is that the Respondent has granted the Applicants licences to occupy which we are satisfied are in fact tenancies for the two reasons already given above. In addition, the Respondent has not made any submissions on the question of whether it was entitled to grant those tenancies or on the question of whether it has an interest in land or on the question of whether a rent repayment order can properly be made against the Respondent. … In addition, the evidence indicates that the Respondent received the rack-rent of the Property and was therefore a “person having control” for the purposes of section 263 of the Housing Act 2004. …
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
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Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.