11 Deuchar Street, Jesmond, Newcastle upon Tyne NE2 1JX
MAN/00CJ/HMF/2023/0007 · Newcastle upon Tyne · decided 21 Nov 2023 · rent repayment order
old rules| Offence | Unlicensed HMO |
|---|---|
| Landlord | Individual |
| Applicants | 3 tenants |
| Rent | £1,430 per month |
| Period the order relates to | 1 Jul 2022 to 29 Nov 2022 |
| Maximum the tribunal could award | £7,102 |
| Amount the tribunal ordered | £1,302 per applicant on average; £3,906 in total for 3 applicants |
| Share of the maximum | 55%, 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
The table described in s40(3) includes at row 5 an offence contrary to s72(1) of the Housing Act 2004 “control or management of unlicensed HMO” Section 72(1) provides: (1) A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1)) but is not so licensed. Section 72(5) provides: In proceedings against a person for an offence under subsection (1) …. it is a defence that he had a reasonable excuse - (a) for having control of or managing the house in the circumstances mentioned in subsection (1) …. … (2) A tenant may apply for a rent repayment order only if- (a) the offence relates to housing that, at the time of the offence, was let to the tenant, and (b) the offence was committed in the period of 12 months ending with the day on which the application is made. … (2) The amount must relate to rent paid during the period mentioned in the table. The table provides that for an offence at row 5 of the table in section 40(3) the amount must relate to rent paid by the tenant in respect of the period not exceeding 12 months during which the landlord was committing the offence. …
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 NE2 1JX · Licensing schemes and register for NE2 1JX
Past decisions are not a prediction. The tribunal decides each case on its facts, including the landlord's and tenant's conduct.