Tenants Win Over £10k In Rent Repayment Case: 160C Muswell Hill Road, London N10 3NG

Introduction

A recent tribunal decision on May 13, 2024, has ordered Jalay Enterprises Ltd to repay £10,767.90 to former tenants of 160C Muswell Hill Road, London. The case was brought forward because the landlord rented out the property as a House in Multiple Occupation (HMO) without the required license—breaking housing laws. Despite an appeal, the tribunal upheld the tenants’ claim and ruled in their favour.

What Happened?

Who were the tenants? Mr. H Ramsdale, Mr. M J Congdon, and Mr. C Keegan

Who was the landlord? Jalay Enterprises Ltd

What was the issue? The landlord failed to get an HMO license for the property, even though it was legally required.

How long was the property unlicensed? Between August 29, 2020, and May 9, 2021.

The tenants applied for a Rent Repayment Order (RRO) in May 2022, asking for £16,566—the total rent they had paid while the property was unlicensed. An initial decision in 2023 was overturned on appeal, leading to a fresh hearing in 2024.

What Did the Tribunal Find?

The landlord admitted the property needed an HMO license but hadn’t obtained one.

The tribunal considered whether the full rent repayment was fair, looking at the landlord’s level of responsibility and any mitigating circumstances.

The landlord requested a delay to find new legal representation, but this was denied as they had already been given enough time.

What Was the Final Decision?

Amount repaid to tenants: £10,767.90

Additional fines or fees: None beyond the repayment

Why this decision? The tribunal acknowledged some mitigating factors but still held the landlord accountable for not following the law.

What Can Landlords and Tenants Learn from This?

For Landlords: If your property needs an HMO license, get one! Failing to do so can result in serious financial penalties.

For Tenants: If you think your landlord is renting an unlicensed HMO, you may be able to claim back some of your rent. Check your local council’s licensing rules and seek legal advice if needed.

Final Thoughts

This case is a reminder that landlords must follow licensing rules, and tenants have the right to challenge unlawful rentals. If you’re a landlord, double-check your legal obligations. If you’re a tenant, know your rights—because as this case shows, you might be entitled to a refund! You can read the full tribunal decision for more details.

If you want to read more about this rent repayment order case, you can see the full tribunal documents here.