Tenants Awarded Over £6,700 at 5 Conway Road, London N15 3SA

In a decision dated 1 May 2025, the First-tier Tribunal (Property Chamber) ordered landlords Samuel and Kate Yauner to repay a total of £6,401 to four former tenants of 5 Conway Road, London N15 3SA. The tribunal found that the property was operated as an unlicensed House in Multiple Occupation (HMO), violating housing regulations.

What Happened?

• Tenants: Brendan Hayes, Florence Katharine Eastoe, Jez Raphael Laurencin, and Joe Morrison

• Landlords: Samuel Barnaby Yauner and Kate Louise Yauner

• Property: 5 Conway Road, London N15 3SA

The tenants occupied the property during various periods between April 2018 and January 2024. They applied for a Rent Repayment Order (RRO) under the Housing and Planning Act 2016, alleging that the landlords had managed the property as an unlicensed HMO within a designated additional licensing area in the London Borough of Haringey

The landlords did not dispute that the property required a license and was unlicensed during the relevant period. They contended that they were unaware of the licensing requirements, having let out their family home while temporarily relocating. They argued that their lack of knowledge constituted a reasonable excuse under Section 72(5) of the Housing Act 2004.

What Did the Tribunal Find?

The tribunal acknowledged the landlords' claim of ignorance but determined that it did not constitute a reasonable excuse. The tribunal emphasized that landlords have a responsibility to be aware of and comply with licensing requirements, regardless of their professional status or personal circumstances.

The tribunal found that the property was indeed an unlicensed HMO during the tenants' occupancy, constituting an offense under Section 72(1) of the Housing Act 2004. Consequently, the tribunal had the authority to issue a Rent Repayment Order.

What Was the Final Decision?

The tribunal ordered the landlords to repay the following amounts to the tenants:

• Brendan Hayes: £1,837

• Jez Raphael Laurencin: £1,837

• Florence Katharine Eastoe: £1,462

• Joe Morrison: £1,265

Additionally, the landlords were ordered to reimburse the tenants £330 for application and hearing fees. The total repayment amounted to £6,731.

What Can Landlords and Tenants Learn from This?

For Landlords:

• Understand Licensing Requirements: Even if you're renting out your property temporarily or are not a professional landlord, it's crucial to be aware of and comply with local licensing regulations.

• Ignorance Is Not a Defense: Claiming a lack of knowledge about licensing requirements is unlikely to be accepted as a reasonable excuse.

• Seek Professional Advice: Engaging with property professionals or legal advisors can help ensure compliance with housing laws.

For Tenants:

• Know Your Rights: If you suspect your rental property is unlicensed, you may be entitled to reclaim up to 12 months' rent through a Rent Repayment Order.

• Gather Evidence: Keep records of your tenancy agreements, rent payments, and any communications with your landlord.

• Seek Support: Organizations like the London Renters Union offer guidance and support for tenants pursuing Rent Repayment Orders.

Final Thoughts

This case underscores the importance of compliance with housing regulations for landlords and the avenues available for tenants to seek redress. Landlords must proactively ensure they meet all legal obligations, while tenants should remain informed about their rights and the mechanisms in place to protect them.

For those interested in the detailed tribunal decision, the full document is available here: 5 Conway Road RRO Decision.