10 Otterburn Terrace, Jesmond, Newcastle upon Tyne NE2 3AP &
MAN/00CJ/HMF/2021/0027 · Newcastle upon Tyne · decided 9 Oct 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Company |
| Applicants | 2 tenants |
| Rent | £451 per month |
| Period the order relates to | 1 Aug 2020 to 14 Oct 2021 |
| Maximum the tribunal could award | not stated as one figure (or not yet checked) |
| Amount the tribunal ordered | £692.14 per applicant on average; £1,384.28 in total for 2 applicants |
| Share of the maximum | 30%, as the tribunal stated it |
| Tribunal fees to be reimbursed | £200 |
| 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
during a period not exceeding 12 months, during which the landlord was committing the offence (section 44(2)). … Section 44(3) confirms that the amount that the landlord may be required to repay must not exceed: (a) the rent paid in respect of the period in question, less (b) any relevant award of universal credit paid (to any person) in respect of rent and the tenancy during that period. … The Tribunal is content that the Applications were duly made and correctly accepted by the Tribunal and that any technical clerical errors within the Applications form do not limit or exclude the Tribunal’s jurisdiction. … As to whether an offence has been committed. There is no dispute between the parties that the property did not have an HMO licence between 1 August 2020 and 14 October 2021. … In each case the Tribunal found that it did not. … Because the offence was committed within the period of 12 months before the Applications, the Tribunal is also clear that it has jurisdiction. As to whether rent repayments should be ordered. … 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. The amount of the order. … The Tribunal should decide what proportion of the rent (after any deductions as above) is a fair reflection of the seriousness of the offence? This is the starting point. …
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.