72, Kilcoby Avenue, Swinton, Manchester M27 8AE
MAN/00BR/HMB/2022/0003 · Salford · decided 25 Aug 2023 · rent repayment order
old rules| Offence | Unlicensed HMO; also harassment |
|---|---|
| Landlord | Individual |
| Applicants | 1 tenant |
| Rent | £500 per month |
| Period the order relates to | 8 Feb 2022 to 8 Jun 2022 |
| Maximum the tribunal could award | £2,000; £100 then deducted for utilities |
| Amount the tribunal ordered | £1,900 (1 applicant) |
| Share of the maximum | 100%, 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
A tribunal must have particular regard to the conduct of both parties (which includes the seriousness of the offence committed), the financial circumstances of the landlord and whether the landlord has at any time been convicted of a relevant offence. The tribunal should also take into account any other factors that appear to be relevant.” 36. … It is beyond question that the seriousness of the offence is a relevant factor – as one would expect from the express statutory provision that the conduct of the landlord is to be taken into consideration. If the tribunal takes as a starting point the proposition that the order will be for the maximum amount unless the section 44(4) factors indicate that a deduction can be made, the FTT will be unable to adjust for the seriousness of the offence (because the commission of an offence is bad conduct and cannot justify a deduction). It will in effect have fettered its discretion. Instead the FTT must look at the conduct of the parties, good and bad, very bad and less bad, and arrive at an order for repayment of an appropriate proportion of the rent.” 37. She then said that the following approach will ensure consistency with previous legal authorities: “a. Ascertain the whole of the rent for the relevant period; b. …
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 M27 8AE · Licensing schemes and register for M27 8AE
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.