Flat 11, 55 Ebury Street, The City of Westminster, London, SW1W 0PA
LON/00BK/HMF/2023/0202 · Westminster · decided 21 Feb 2024 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 4 tenants |
| Rent | £3,466.67 per month |
| Period the order relates to | 1 Oct 2021 to 30 Sep 2022 |
| Maximum the tribunal could award | £41,442.04 |
| Amount the tribunal ordered | £5,175 per applicant on average; £20,700 in total for 4 applicants |
| Share of the maximum | 50%, 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
account. However, what we should take into account was that the Respondents were professional landlords who should have had a system in place to ensure that the Property was compliant with the law. There was no evidence a licence had ever been obtained or indeed sought and that the commission of offence indicated a casual approach to the management of the Property. Further we had had no evidence directly from the uncle, which he thought showed a lack of attention. … He conceded that there were no previous convictions. … It was suggested that for much of the tenancy there was no adequate heating, and it was unreasonable to rely on his niece as there was no good reason to expect that she would inform him and be able to advise on his obligations. He concluded after questioning from the Tribunal that an order of 80% of the amount claimed would be reasonable. … The landlord he said speaks four other languages but not English and relies on his niece who lives in the UK and has a good command of English. … The management agreement he suggested was closely worded and that the niece had done her best to understand it. She was confused by reference to licensing thinking that meant the licence to sublet the Property, which had been done. We were reminded that at the time of the agreement the Property was not liable to be licensed. …
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 SW1W 0PA · Licensing schemes and register for SW1W 0PA
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.