LEGAL: Landlord ordered to repay rent after letting agent’s error

A Property Tribunal has ordered a landlord to repay rent for failing to license a flat after a letting agent gave the wrong advice.

Saint Property Services, based in Nottingham, told the landlord their two-bedroom flat (pictured) in the Netherfield area of the city wasn’t in an area of ‘selective licensing’ under the Housing Act 2004.

But this advice turned out to be mistaken and the landlord failed to obtain the required licence. The flat was located in an area covered by Gedling Borough Council and not Nottingham City Council, as Saint had advised.

Landlord, Veronica Mwondela from Essex, was ordered to pay £537 in rent back to the tenant, who applied to the tribunal for a rent repayment.

Tamara Henry, the tenant, had sought £6,000, a year’s rent, for the failure to license the property.

Mitigating factors

The tribunal reduced the amount by 90% as it said there were mitigating factors including the advice error by the agent, the landlord was not a professional, and the tenant  continually paid the rent late.

Mwondela did pay for a licence as soon as she realised the error in June 2021, but the tribunal said: “Our conclusion on the first issue is that the Respondent did commit an offence under section 95 of the 2004 Act between 1 October 2018 and 3 June 2021.”

Saint stopped managing the property in November 2020 when Mwondela and her husband decided to take it on themselves.