A property tribunal has vindicated an innocent landlord after a Rent Repayment Order (RRO) claim was brought by tenants against them buy his tenants.

The First-tier Tribunal ruled that the unnamed male landlord had met all licensing obligations but had been the victim of administrative failings by Southwark Council.

The landlord, represented by Landlord Licensing & Defence co-founder Des Taylor (pictured), was found to have applied for and paid for the necessary HMO licence in December 2018.

Southwark’s failures

But due to failures within Southwark’s licensing records, the application was neither processed correctly nor reflected in the council’s database.

When the landlord later presented evidence of both his payment and application, Southwark’s own licensing department confirmed he had been compliant throughout the period in question.

Inconsistencies

The tenants and their representative Justice for Tenants pressed ahead regardless, although the tribunal subsequently found even more inconsistencies in their claims, noting that their complaints about the landlord were “largely minor and unsubstantiated”.

And allegations regarding the property’s conditions were also found to be “exaggerated”.

This was an appalling case of a landlord being dragged through a legal process for something they had already complied with.”

Speaking after the ruling, Taylor commented: “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.

The decision highlights the need for landlords to act with caution when faced with an RRO claim says Des Taylor and he strongly advises those who receive an application from a tenant or their representative to be slow to engage with the applicants and immediately seek professional advice.