1 Guildhouse Street, London SW1V 1JE
LON/00BK/HMA/2016/0012 · Westminster · decided 31 Jan 2017 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company: Bewel Property Limited |
| Applicants | 2 tenants |
| Rent | £1,300 per month |
| Period the order relates to | 9 Oct 2015 to 22 Mar 2016 |
| Maximum the tribunal could award | £7,200 |
| Amount the tribunal ordered | £1,800 per applicant on average; £3,600 in total for 2 applicants |
| Share of the maximum | 50%, from the two figures above |
| 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
paid during the period over which the offence was committed. The tribunal has no discretion as to the amount to be specified in the rent repayment order, save in the case of exceptional circumstances as mentioned in section 74(4). … Where the application is made by a tenant, a tribunal can award the repayment of rent paid by the tenant in respect of a period whilst the offence is continuing, subject to a maximum period of 12 months prior to the making of the application. … It should be noted that an offence ceases to be committed when an application for a licence is made to the LHA. … To summarise where the application for a rent repayment order is made by a LHA it is entitled as of right to an order for the whole of the amount of housing benefit paid over the period in question. … Section 74(6) expressly requires the tribunal to take account the total amount of relevant payments paid and received in connection with occupation of the HMO during the period when an offence was being committed, whether the appropriate person has at any time been convicted of an offence under section 72(1), the conduct and financial circumstances of the appropriate person, and where the application is made by a tenant, the conduct of that tenant. … In that case the landlord was a professional engaged in the letting of residential property. …
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 SW1V 1JE · Licensing schemes and register for SW1V 1JE
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.