Flat 6, 228 Bensham Lane, Thornton Heath, Surrey, CR7 7EP: LON/00AH/HMF/2018/0024 LON/00AH/HMF/2018/0024
REASONS
[1]It was not disputed by the respondent that no licence has been granted for the property, and although in their evidence the respondent said that the non-licensing was a matter between the landlord and the Local Authority, and that the application should not have been made, the tribunal disagrees. The legislation is clear that, where a landlord fails to licence a property that requires a licence, then the tenant may make an application to this tribunal for a Rent Repayment Order. This Order is separate to any penalty that the Local Authority might levy. The tribunal is satisfied therefore that it has jurisdiction to make an Order.[2]However, the tribunal is also required to consider not only the matters listed above, but the purpose of a Rent Repayment Order, which is not to be a windfall profit to the tenant, but a penalty to the landlord so that they obtain a licence where necessary. In this case the tribunal was told that the landlord has two properties for rent and was therefore not a ‘professional’ landlord in the usual term. The tribunal disagrees and considers that even a landlord with a small portfolio can be regarded as professional and therefore ought to either know, or seek advice on the legislation relating to those properties. In this instance the respondent confirmed that no such advice had been sought.[3]The tribunal considers that an Order of the quantum sought by the tenant is too high, and does not reflect the respondent’s outgoings in relation to the property, or the fact that the property was licensed, apparently without any issue after this tenancy ended. We are not satisfied that the property was in poor condition, and no evidence has been supplied by the tenant to suggest that there were problems during the tenancy.[4]Taking the above into consideration, the tribunal considers that an Order representing 50% of the applicant’s claim should be awarded to the applicant, and should be paid to the applicant within 28 days of today’s date. Name: Ms. A. Hamilton-Farey Mr. T. Sennett MA FCIEH Date: 23 January 2019