83 Manchester Road Southport PR9 9BN
MAN/00CA/HSD/2019/0005 · Sefton · decided 22 Jan 2020 · rent repayment order
old rulescouncil application| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | the council |
| Rent | not stated as one figure |
| Period the order relates to | 16 Aug 2017 to 15 Aug 2018 |
| Maximum the tribunal could award | £13,293.27 |
| Amount the tribunal ordered | £13,293.27 in total for the council |
| Share of the maximum | 100%, 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
Section 43 of the 2016 Act provides that the Tribunal may make a rent repayment order if satisfied, beyond reasonable doubt, that the landlord has committed one of the offences specified in Section 40(3). … The Tribunal is also satisfied that the Council complied with all the necessary procedural requirements relating to the Notice of intended proceedings and the making of the Application. … Because the Council applied for a rent repayment order within 12 months of the commission of the offence on 15th August 2018, the Tribunal is clear that it does have jurisdiction to make an order. … The Tribunal (particularly having regard to the objectives behind the statutory provisions i.e. to enable a penalty in the form of a civil sanction to be imposed in addition to any penalty payable for the criminal offence of operating an unlicensed HMO, and to help prevent a landlord from profiting from renting properties illegally) is satisfied that it is appropriate to make a rent repayment order in the circumstances of this case. … If a person has committed a criminal offence and the consequences of so doing include the obligation to repay rent or housing benefit the Tribunal should be reluctant to refuse to make an order”. … Having decided that an order should be made, the Tribunal then went on to consider carefully the amount of rent which had to be repaid. …
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.