Tenants Secure Rent Repayment Order: Flat 310 Olympic House, London N16 7TY
Introduction
In a recent tribunal decision dated 3 March 2025, Somerford Assets 3 Ltd was ordered to repay a total of £10,521 to former tenants of Flat 310, Olympic House, 12 Somerford Grove, London. The case arose because the landlord rented out the property as an HMO without the required license, violating housing regulations. Despite multiple opportunities to respond, the landlord failed to engage in the proceedings, leading the tribunal to rule in favor of the tenants.
What Happened?
Who were the tenants? Mr. Tymofii Maksymenko, Ms. Alisa Oleva, and Mr. Santiago Jose Carbon Viera.
Who was the landlord? Somerford Assets 3 Ltd.
What was the issue? The landlord failed to obtain an HMO license for the property, despite it being legally required under the Housing Act 2004.
How long was the property unlicensed? The exact period during which the property was unlicensed is not specified in the available documents.
The tenants applied for a Rent Repayment Order (RRO) on 28 November 2021, seeking repayment of the rent paid during the period the property was unlicensed. The tribunal proceedings faced delays due to the landlord company’s dissolution and subsequent restoration on 1 November 2024. Despite being given multiple opportunities to respond, the landlord failed to engage in the proceedings.
What Did the Tribunal Find?
Landlord’s Non-Compliance: The landlord did not obtain the necessary HMO license for the property, as required by the Housing Act 2004.
Lack of Engagement: The landlord failed to respond to the tribunal’s directions and did not participate in the proceedings.
Tribunal’s Considerations: The tribunal considered the landlord’s lack of engagement and the tenants’ right to reclaim rent paid during the period of the unlicensed HMO operation.
What Was the Final Decision?
Amounts Repaid to Tenants: Mr. Tymofii Maksymenko: £1,358, Ms. Alisa Oleva: £5,800, Mr. Santiago Jose Carbon Viera: £3,363
Additional Costs: The landlord was also ordered to pay £100 in respect of the tribunal fees incurred by the tenants.
Enforcement: The sums are to be paid by 14 March 2025 and are enforceable by the London Renters Union (Somerford Grove Renters Fund), appointed by the tenants to enforce the order on their behalf.
What Can Landlords and Tenants Learn from This?
For Landlords: Ensure compliance with all licensing requirements, particularly when operating HMOs. Failure to obtain the necessary licenses can result in substantial financial penalties and legal action.
For Tenants: If you suspect your landlord is operating an unlicensed HMO, you have the right to seek a Rent Repayment Order. Familiarise yourself with local housing regulations and consult with tenant advocacy groups or legal advisors to understand your rights and the appropriate course of action.
Final Thoughts
This case underscores the importance of adhering to housing regulations and the legal avenues available to tenants when landlords fail to comply. Landlords must ensure they meet all legal requirements to avoid significant financial repercussions. Tenants should remain vigilant about their living conditions and assert their rights when necessary.
For more detailed information, you can read the full tribunal decision in the official document.