20A Shirehall Close Hendon NW4 2QP LON/00AC/HMK/2019/0064
DECISION
[17]The Tribunal does not accept that the Respondent had a reasonable excuse for not getting a license for the premises. His evidence was lacking in credibility. It is clear he had involvement with Vale Investments which in turn had involvement with the management of property. The account given for the Linkedin entry was incredible and appeared to be a retrospective fabrication. Mr Grosnas was a singularly unimpressive witness which supports the view that the Respondent should not have taken advice from him. In any event the Tribunal does not believe that the Respondent relied on Mr Grosnas’ advice. The Respondent had a better knowledge of property management than he was admitting to. His evidence in relation to Vale Properties was evasive and unimpressive.[18]In contrast to the Respondent the Applicants were all compelling clear and honest witnesses. The Respondent’s attempts to discredit them with allegations of parties and drunkenness were unattractive, In any event the Tribunal made it clear during the hearing that the particulars of the alleged conduct during the tenancy was not a significant factor in this case.[19]It is not clear why the Respondent chose not to license the premises. He appeared to be trying to disentangle himself from a crisis which was of his own making. He was not at all contrite but instead tried to blame others. Neither was there any real evidence of difficulties in financial circumstances.[20]The tribunal have no hesitation in making a rent repayment order in this case the period of the rent repayment order is 10 months and 11 days leading up to the application for the exemption notice. The rent was £1800 per month. If the Tribunal could have awarded a 100% rent repayment order it would have done so but the provisions of the Act are such that once an exemption notices has been given this effectively stops the clock. The amount of the rent repayment order is £18,638 which should be paid by the Respondent to the Applicants’ solicitors within 14 days.[21]It is of course open to the Applicants to apply for their costs in this case pursuant to regulation 13. If they wish to do they should make an application to the Tribunal with a costs schedule copied to the Respondent by 4 pm on 30 May 2022. If the Respondent opposes the making of a costs order he shall provide his written objections by 4 pm on 13 June 2022. The Tribunal will then reach a decision as to the question of costs. Summary[13]The Respondent is to pay a rent repayment order of £19,350 to the Applicants’ solicitors by 4 pm on 30 May 2022. ANNEX - RIGHTS OF APPEAL Appealing against the tribunal’s decisions[1]A written application for permission must be made to the First-tier Tribunal at the Regional tribunal office which has been dealing with the case.[2]The application for permission to appeal must arrive at the Regional tribunal office within 28 days after the date this decision is sent to the parties.[3]If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit.[4]The application for permission to appeal must state the grounds of appeal, and state the result the party making the application is seeking. All applications for permission to appeal will be considered on the papers[5]Any application to stay the effect of the decision must be made at the same time as the application for permission to appeal.