A tribunal decision has ruled in favour of a private landlord, after an unsuccessful Rent Repayment Order (RRO) claim was brought by tenants, assisted by Justice for Tenants.
The case, heard at the First-tier Tribunal (Property Chamber), concluded with a complete rejection of the tenants’ claims. The tribunal ruled that the landlord had met all licensing obligations and had, in fact, been the victim of administrative failings by the London Borough of Southwark.
The landlord, represented by Landlord Licensing & Defence co-founder Des Taylor, was found to have applied for and paid for the necessary HMO licence in December 2018. However, due to failures within Southwark’s licensing records, the application was neither processed correctly nor reflected in the council’s database.
Crucially, when the landlord later presented definitive evidence of payment and application, Southwark’s own licensing department confirmed that the landlord had been compliant with their licensing duty throughout the period in question.
Despite this, the tenants proceeded with their application, relying on erroneous information provided by the council. The tribunal identified multiple inconsistencies in the claims made by the tenants and noted that their complaints about the landlord were minor and largely unsubstantiated.
Furthermore, allegations regarding property conditions were found to be exaggerated, and their assertions regarding licensing were ultimately discredited by the council’s own admissions. The ruling resulted in the landlord being spared an unjust liability of £29,000 in claimed rent repayments.
This case serves as a stark reminder of the risks landlords face when councils fail in their record-keeping, leading to unjust legal battles. It also underscores the importance of expert representation in Rent Repayment Order cases.
Landlord Licensing & Defence, a highly experienced landlord advocate, has now represented landlords in over 450 Rent Repayment Order cases, spanning mediation and tribunal hearings. Notably, a previous case they won went on to set a legal precedent that has been cited over 1,000 times in subsequent determination at Tribunal and Upper Appeals.
Speaking after the ruling, Taylor stated: “This was an appalling case of a landlord being dragged through a legal process for something they had already complied with. Had it not been for our forensic case preparation and the ability to demonstrate Southwark’s failures, this landlord could have suffered an unjust financial penalty. The tribunal’s ruling makes it clear that the allegations were entirely without merit.”
The tribunal expressed concern over the contradictory records held by Southwark Council, which led to misinformation forming the basis of the tenants’ claim. Furthermore, it declined to order any reimbursement of the applicants’ costs, reinforcing the weakness of their case.
This decision also highlights the vital need for landlords to act with caution when faced with an RRO claim.
