Justice Served: London Renter Wins £8,908 from Rogue Landlord

A tenant has been awarded £8,908 in a Rent Repayment Order after a Southwark landlord failed to license a three-bedroom HMO on Balfour Street, London. The tribunal found the landlord in breach of housing law, citing poor property management and failure to engage with the proceedings.

By Ben Yarrow

2 June 2025

Introduction

In a decision dated 27 May 2025, the First-tier Tribunal (Property Chamber) ordered Estateagentpower Ltd to repay £8,908.72 to tenant Charlotte Guy for renting out an unlicensed property at Flat 1, 93–95 Balfour Street, London SE17 1PB. The tribunal found that the landlord had committed an offence under section 72(1) of the Housing Act 2004 by managing a property without the required House in Multiple Occupation (HMO) licence.

What Happened?

Tenant: Charlotte Guy
Landlord: Estateagentpower Ltd
Property: Flat 1, 93–95 Balfour Street, London SE17 1PB
Tenancy Period: 22 September 2022 – 30 August 2023
Application Filed: Date not specified
Hearing Date: 21 May 2025
Decision Date: 27 May 2025

The tenant, represented by Brian Leacock of Justice for Tenants, applied for a Rent Repayment Order (RRO) under sections 40–44 of the Housing and Planning Act 2016, seeking repayment of £12,726.74 in rent paid during the unlicensed period. The tribunal determined that the application was made within the statutory 12-month period following the offence.

What Did the Tribunal Find?

The tribunal concluded that the landlord had committed an offence by controlling or managing an unlicensed HMO, as required under section 72(1) of the Housing Act 2004. The property was a three-bedroom self-contained flat occupied by at least three individuals from separate households, meeting the criteria for mandatory HMO licensing under Southwark Council's additional licensing scheme. No licence application was made during the tenancy period.

Neither Estateagentpower Ltd nor the second respondent, Sunette Zone, attended the hearing or provided timely written submissions. The tribunal proceeded in their absence, noting the landlord's poor conduct, including delayed responses to maintenance issues such as a non-functioning oven and a broken washing machine, which took over two months to replace.

What Was the Final Decision?

The tribunal ordered Estateagentpower Ltd to pay the tenant £8,908.72, representing a portion of the rent paid during the unlicensed period. Additionally, the landlord was ordered to reimburse the tenant for tribunal fees totaling £320 (£110 application fee and £210 hearing fee). All payments are to be made within 28 days of the decision date.

What Can Landlords and Tenants Learn from This?

For Landlords:

Ensure Proper Licensing: Operating a rental property without the required HMO licence is a criminal offence.
Respond to Legal Proceedings: Ignoring tribunal communications can lead to judgments made in your absence.
Maintain Property Standards: Timely responses to maintenance issues are crucial to avoid negative judgments.

For Tenants:

Know Your Rights: If you suspect your landlord is operating without the necessary licence, you may be entitled to a Rent Repayment Order.
Seek Legal Assistance: Organisations like Justice for Tenants can provide support in navigating the RRO application process.

Final Thoughts

This case underscores the importance of compliance with housing regulations and the potential financial consequences for landlords who fail to obtain the necessary licences. Tenants should remain vigilant and informed about their rights to ensure they are not exploited by non-compliant landlords.

For those interested in the detailed tribunal decision, the full document is available here: Flat 1, 93–95 Balfour Street RRO Decision.

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