Tenant wins £8,000 rent repayment over unlicensed HMO

A tenant in north London has successfully reclaimed almost £8,000 in rent after taking her landlord to a tribunal over an unlicensed HMO.

The First-tier Tribunal ordered the landlord of the Muswell Hill property to repay £7,884.84, together with £341 in application and hearing fees, after finding the property had been operated without the required licence.
The case followed an investigation by Haringey Council’s enforcement team after concerns were raised over conditions at the property, including mould, fire safety issues and a collapsed ceiling.

The former tenant lived at the Leaside Avenue property between May 2023 and May 2024 and applied for a Rent Repayment Order after discovering that it was not licensed despite being occupied by three people from separate households.

LICENSING FAILURE

The tribunal found that the property met the legal definition of a house in multiple occupation and required a licence throughout the tenancy.

Operating or managing an HMO that is required to be licensed without the appropriate licence is an offence under the Housing Act 2004. Tenants can seek a Rent Repayment Order through the First-tier Tribunal where certain housing offences have been committed, potentially recovering up to 12 months’ rent.

The tenant also reported extensive mould in communal areas, blocked kitchen facilities, exposed pipework and inadequate fire precautions, including an absence of fire doors and smoke alarms.

The tribunal noted that the landlord had previously been subject to a separate Rent Repayment Order concerning another property, which Haringey Council says indicated a pattern of non-compliance.

‘THERE ARE CONSEQUENCES’

Cllr Tammy Hymas (main picture, inset), Haringey Council Cabinet Member for Housing and Co-Deputy Leader, says: “This case sends a clear message to landlords: if you’re breaking the law, we’re coming after you.

“No tenant should have to live in an unlicensed property with mould, serious disrepair and inadequate fire safety measures. Yet too many landlords continue to put profit before people, leaving renters to live in unacceptable conditions.

“This landlord thought they could collect rent while ignoring their legal responsibilities. Thanks to the determination of the tenant and the work of our enforcement team, they have now been ordered to pay that money back.

“We are stepping up inspections, strengthening enforcement and taking tougher action against landlords who fail to meet the standards our residents deserve. Cases like this show there are consequences for breaking the rules.”

Haringey is also launching a Private Renters’ Forum, which the council says will give tenants a greater voice and help identify landlords failing to meet their obligations.

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