A letting agent has been ordered to repay more than £10,600 in rent to four tenants after failing to secure an HMO licence.

The Property Tribunal made the order after hearing that the agent, Zanka Properties Ltd, was responsible for applying for the licence.

Four tenants of the house in Haringey, North London, (pictured) were awarded 85% of the rent, minus water utility costs, they paid in 2020 and 2021 under a ‘rent repayment order’ (RRO) of amounts between £1,600 and £4,300.

Failures to gain gas safety certificates and ensure fire escape signs were present at the property, were also considered aggravating factors by the tribunal.

It dismissed claims by Simone Zanchetta, director of Zanka Properties, that he was not the main letting agent or the landlord.

Mr Zanchetta’s representative told the tribunal that Zanka Properties was no longer trading, and had only £40 in its account.

Beyond reasonable doubt

The tribunal said: “The First Respondent [Zanka Properties] has not raised a reasonable excuse defence under s.72(4) [of the Housing Act 2004], and none is evident to us given that we have specifically rejected its assertion that it acted as agent for Mr Mubin [property owner].

“We are therefore satisfied, beyond reasonable doubt, that it has committed the s.72(1) offence during the 12-month period ending on 27 May 2022, and that the offence was committed throughout the period of the Applicants’ tenancies.”

The tribunal also said a RRO was granted for this reason: “Given that no attempt was made by the First Respondent to comply with the important obligation to ensure that the property was licensed we are satisfied in the circumstances, that an RRO should be made.”