153 Twickenham Road, Leytonstone, London E11 4BN
LON/00BH/HMF/2021/0274 · Waltham Forest · decided 6 Jun 2022 · rent repayment order
old rulesfigures not yet checked| Offence | Unlicensed house (selective licensing) |
|---|---|
| Landlord | Individual |
| Applicants | 2 tenants |
| Rent | £1,400 per month |
| Period the order relates to | 1 May 2020 to 4 Feb 2021 |
| Maximum the tribunal could award | £12,783.91 |
| Amount the tribunal ordered | £2,567.91 per applicant on average; £5,135.82 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; 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
the RRO falls to be determined under section 44. … The only relevant factor is the conduct of the parties (s44(4)(a)). There has been misconduct on the part of R1 and R2 as the Property was unlicensed for nine months. … However, the delay in obtaining a licence is the only relevant misconduct on their part. … The applicants acted reasonably throughout the tenancies, paying their rent on time and there has been no misconduct on their part. The tribunal rejects the criticism of the timing of the RRO application. The application was submitted within the twelve-month deadline, and it was entirely reasonable to make it after the applicants vacated the Property. … The amount of the RRO is a matter for the tribunal’s discretion but cannot exceed 100% of the rent paid. … Whether that is so and the amount of any reduction will depend on the particular facts of the case. … Having regard to all these factors, including the reasons behind the broader RRO regime in the 2016 Act, the appropriate order is that R1 and R2 should repay 40% of the rent paid by the applicants for the period 01 May 2020 to 04 February 2021. During the first AST the rent was payable solely to R1. It was then payable to R1 and R2 during the second AST. The sum to be repaid by R1, for the period 01 May to 16 August 2020 is £1,988.06 (108 days @ £46.02 per day x 40%). …
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.