Flat 27 Stourhead House 79 Tachbrook Street Lindon SW1V 2QE
LON/00BK/HMF/2023/0024 · Westminster · decided 14 Aug 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 3 tenants |
| Rent | £2,600 per month |
| Period the order relates to | 26 Sep 2021 to 26 Jul 2022 |
| Maximum the tribunal could award | £13,000.05 |
| Amount the tribunal ordered | £1,300 per applicant on average; £3,900 in total for 3 applicants |
| Share of the maximum | 30%, 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
to be imposed under section 249A). But there is no hard and fast rule and, just as much as any other defence, a reasonable excuse defence based on ignorance of the need for licensing will always require a careful evaluation of all the relevant facts.’ 22. … The tribunal is also mindful of the date upon which the need to obtain an HMO was introduced (one month before the letting to the applicants) and the impact of the COVID pandemic. These are all relevant facts which require careful evaluation. … The tribunal find that the respondent had a reasonable excuse for committing the offence for the first five months of the tenancy (being six months from the introduction of the requirement for an additional HMO licence). Quantum of the RRO 24. … As the Tribunal has found that the Respondent had a reasonable excuse for the commission for five months of the term it is required to consider the possible quantum of any RRO for the remaining five months of the term. During the five month period in question the tenants each paid £4,333.35, in total £13,000.05. … It was accepted by both parties that the tenants were responsible for paying for the utilities at the Property. … He submitted that it would be appropriate for the tribunal to start from the position that an award of 85% of the rent should be made. … This is disproportionate to the seriousness of the offence. …
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 2QE · Licensing schemes and register for SW1V 2QE
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.