Flat 12, 73 Carnarvon Road, London E15 4JW LON/00BB/HTC/2026/0009
DECISION
Decision of the Tribunala. A. The respondent, International Property Investment Ltd, must pay the sum of £125 (One Hundred and Twenty-Five Pounds) to the applicant, Mr Dejhaun Abono Lahera by 5:00pm on 30 June 2026, pursuant to section 15(9) of the Tenant Fees Act 2019 (‘the Act’).b. B. In accordance with section 15(11) of the Act, this order is enforceable by order of the county court as if the amount payable under this order were payable under an order of that court. The background and procedural history[1]The applicant seeks an order for the recovery of a prohibited payment in relation to his former occupation of a room at Flat 12, 73 Carnarvon Road, London E15 4JW (‘the Property’), pursuant to section 15 of the Act. He occupied the room for approximately two months, pursuant to a “Licence to Occupy” dated 20 September 2025 (‘the Agreement’).[2]The Agreement names the applicant as the “Licensee” and the respondent as the “Licensor”. Clause 2 states “This Licence is not intended to confer exclusive possession upon the Licensee, nor is it intended to create the relationship of landlord and tenant between the parties.” Clause 3.1 states “the Licensor grants the to the Licensee (in common with the Licensor and all others authorised by the Licensor) the Licence to Occupy the Room.” The Room is defined as “such room or rooms in the House that have been allotted by the Licensor to the Licensee for the purpose of this Licence.” The House is defined as “Flat 12, 73 Carnarvon Road E15 4JW”. By clause 3.4 “the Licensee is permitted to use the communal areas in the House”. Clause 16.3 states “A check-out fee of £125.00 for basic maintenance and/or cleaning per occupant is chargeable upon the termination of this Licence.”[3]The Tribunal application is dated 19 December 2025 and explains the respondent deducted £125 from a £650 deposit, upon the termination of the applicant’s occupation. This deduction was made without reference to the condition of the room in question and the respondent advised the deduction is automatic and mandatory. The applicant has requested the return of the £125, on basis it was a ‘prohibited payment’ under the Act but there has been no reply from the respondent.[4]The Tribunal issued directions on 27 March 2026, which included provision for a paper determination, without an oral hearing, during the week commencing 15 June 2026. Neither party has objected to this nor requested a hearing.[5]The respondent has not engaged with these proceedings nor submitted a statement of reply by 20 April 2026, as required by paragraph 2 of the directions. The Tribunal case officer wrote to the respondent on 02 June 2026, requesting an explanation for this non-compliance by 09 June. There has been no response to that letter. In the absence of a reply, I determined the application on paper on 16 June 2026, based solely on the Tribunal application and supporting documents supplied by the applicant. The parties’ submissions[6]The applicants’ case, as set out in the Tribunal application, is that the £125 check-out fee was a prohibited payment, as it was a mandatory end of tenancy charge that was not contingent upon damage or breach and was unsupported by evidence of costs incurred. Further, it is not a permitted payment (within Schedule 1 to the Act) as it is not a deduction for evidenced damage beyond fair wear and tear. Findings[7]Based on the information in the Tribunal application and the supporting documents supplied by the applicant, I am satisfied:(a) Notwithstanding the heading on the Agreement, the applicant had a tenancy of a room of the Property, rather than a licence. He had exclusive possession of that room during his period of occupation and paid a rent to the respondent.(b) The respondent was the applicant’s landlord during the tenancy.(c) The respondent deducted £125 from the applicant’s tenancy as a mandatory check-out fee at the end of the tenancy.(d) This deduction was a ‘payment’ for the purposes of the Act, as it was deducted from the deposit.(e) The check-out fee has not been repaid to the applicant. Discussion and determination[8]Section 1(1) of the Act provides: “A landlord must not require a relevant person to make a prohibited payment to the landlord in connection with a tenancy of a house in England.”[9]Section 3(1) provides: “For the purposes of this Act a payment is a prohibited payment unless it is a permitted payment by virtue of Schedule 1.”[10]The mandatory check-out fee was not a permitted payment within any of the categories set out in Schedule 1.[11]Section 15(3) provides: “The relevant person may make an application to the First-tier Tribunal for the recovery from the landlord or the letting agent of –(a) if none of the prohibited payment or holding deposit has been repaid to the relevant person, the amount of the prohibited payment or holding deposit;(b) if part of the prohibited payment or holding deposit has been repaid to the relevant person, the remaining part of the prohibited payment or holding deposit.[12]By section 15(9) the Tribunal “may order the landlord or letting agent to pay to the relevant person all or part of the amount or (as the case may be) the aggregate amount…to the relevant person within the period specified in the order.”[13]The respondent has noy disputed the Tribunal application nor engaged with these proceedings. I am satisfied the deduction of the £125 mandatory check-out fee was a prohibited payment to the respondent, as the applicant’s landlord. This sum has not been repaid.[14]The respondent must pay the sum of £125 to the applicant within 14 days of this decision. Name: Tribunal Judge Donegan Date: 16 June 2026 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. 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. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).