254 Grange Road, E13 0HG: LON/00BB/HMA/2013/0001 LON/00BB/HMA/2013/0001
REASONS
[15]The Tribunal had before ita. Official copies of the entries on the registers of the freehold title to the Property, which indicated that it had been owned by Mr Fearon since 2004.b. The notice of intended proceedings served under section 73 of the Act dated 20th June 2012, Mr Fearon’s representations in connection with the notice of intended proceedings and Newham’s response.c. A table showing in respect of the period from 19th June 2011 to 22nd April 2012 the housing benefit paid in connection with the occupation of each claimant within the property.d. A memorandum of an entry entered in the register of the East London Magistrates’ Court LJA: 2574 showing that Mr Fearon was convicted of failing to licence a property as an HMO on or about 25th August 2011.[16]On the basis of this evidence we found the following relevant facts, beyond reasonable doubt:-a. The Property was during the period from 19th June 2011 to 22nd April 2012 an unlicensed HMO within the meaning of section 73(1).b. During the period from 19th June 2011 to 22nd April 2012 Newham paid total Housing Benefits of £6931.38 in connection with the occupation of part or parts of the Property.c. Mr Fearon was at all times the appropriate person within the meaning and for the purpose of section 73.d. Mr Fearon was convicted of an offence under section 72(1) of the Housing Act in that he was, on or around 25th August 2011, a person having control of or managing the Property, which was required to be licensed as an HMO under Part 2 of the Housing Act but which was not so licensed.e. During the period from 19th June 2011 to 22nd April 2012 it appears to the Tribunal that Mr Fearon committed an offence under section 72(1) of the Housing Act in that he was, during that period, a person having control of or managing the Property, which was required to be licensed as an HMO under Part 2 of the Housing Act but which was not so licensed.f. Newham has complied with the requirements of section 73(7) in that it served a notice of intended proceedings on Mr Fearon complying with the provisions of section 73(7)(a) and responded to Mr Fearon’s representations made in response to that notice[17]Consequently we were satisfied that we were entitled, pursuant to section 73(5), to make a rent repayment order.[18]Whilst Newham has claimed monies from 19th June 2011, the Tribunal assumes that this date is a clerical error as it is only entitled to benefit from 21st June 2011 being 12 months prior to the date of the notice of intended proceedings. The Tribunal therefore determines to reduce the amount of the rent repayment order from the £6931.38 claimed by £150. This is the amount of housing benefit paid direct to Mr Fearon by Newham for the one claimant whose claim fell prior to 21st June 2011. Chairman Dr Helen Carr 14th August 2013