No Licence, Big Price: Landlord Ordered to Repay £3,467 in Elmhurst Road Case

Tenant wins £3,467 Rent Repayment Order after landlord let 15 Elmhurst Road, Enfield without a licence. Tribunal rules in tenant’s favour following no-show by the landlord.

By Ben Yarrow

27 May 2025

Introduction

In a decision dated 12 May 2025, the First-tier Tribunal (Property Chamber) ordered landlord Sylvena Annesta Semper to repay £3,467.57 to tenant Gerard Dugdill for renting out an unlicensed property at 15 Elmhurst Road, Enfield EN3 5TB. The tribunal found that the landlord had committed an offence under section 95(1) of the Housing Act 2004 by managing a property without the required licence.

What Happened?

Tenant: Gerard Dugdill
Landlord: Sylvena Annesta Semper
Property: 15 Elmhurst Road, Enfield EN3 5TB
Tenancy Period: 1 September 2022 – 31 August 2023
Application Filed: 27 August 2024
Hearing Date: 7 May 2025
Decision Date: 12 May 2025

The tenant, represented by Jamie McGowan 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 £4,114.50 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 house, as required under section 95(1) of the Housing Act 2004. The landlord did not attend the hearing, nor did she provide any explanation for her absence or respond to the tribunal's directions.

Evidence showed that the landlord had been properly notified of the proceedings through multiple channels, including postal mail and email, to addresses listed in the tenancy agreement and Land Registry records. The tribunal was satisfied that proceeding in the landlord's absence was justified and in the interests of justice.

What Was the Final Decision?

The tribunal ordered the landlord to pay the tenant £3,467.57, representing the rent paid during the unlicensed period. Additionally, the landlord was ordered to reimburse the tenant for tribunal fees totaling £330 (£110 application fee and £220 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 licence is a criminal offence.
Respond to Legal Proceedings: Ignoring tribunal communications can lead to judgments made in your absence.

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: 15 Elmhurst Road RRO Decision.

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