14 Bower Road, Sheffield, S10 1ER
MAN/00CG/HMF/2019/0061 · Sheffield · decided 19 Jan 2020 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company: Eaglebrooke Properties Ltd |
| Applicants | 1 tenant |
| Rent | £364 per month |
| Period the order relates to | 1 Oct 2018 to 3 Jun 2019 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £2,361.60 (1 applicant) |
| Share of the maximum | 80%, as the tribunal stated it |
| 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; the maximum is left out of the statistics until it has been checked.
From the tribunal's reasons on the amount
In the 2004 Act, section 74(4) provides that (where there has been no conviction) the tribunal shall order such amount as is reasonable in the circumstances. Whilst section 44 in the 2016 Act does not use the word 'reasonable', given the similarities between section 44 and the other provisions of section 74 of the 2004 Act it is reasonable to conclude that the principle of 'reasonable amount' applies to section 44 and that these Upper Tribunal decisions remain relevant. … He then decided that: • any fine imposed is a relevant factor • there is no presumption or starting point of 100% refund • the tribunal should consider the length of time an offence was being committed • the benefit obtained by the tenant of having the accommodation is not a material consideration • payments in respect of utilities should normally be excluded • the culpability of the landlord is relevant - a professional landlord is expected to know better. … The tribunal should take an overall view of the circumstances in determining what amount would be reasonable. He went on to confirm that sums paid out by the landlord on utilities and the like and the amount of any fine should be taken into account, as should the profit level. Findings and determination. The amount sought by the Applicant by way of rent repayment differs from the amount proposed to be repaid by the Respondent. …
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.