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A property tribunal judge has wiped out a £6,500 rent repayment order and ordered that the case should be started again after an appeal from a landlord.
Landlord Daisy Ojukwu told Judge Elizabeth Cooke at the Upper Chamber (Lands Chamber) that she was confused about property licensing because she owned a house split into two flats in an additional licensing neighbourhood, which may also have been an unlicensed house in multiple occupation (HMO).
She claims the housing team at Newham Council, East London, told her to look at their website for a definition of an HMO and information about the council's additional licensing scheme.
Mrs Ojukwu explained she followed the information as best she could, but the council said she had flouted the rules.
At a First-Tier Property Tribunal hearing, she was convicted of renting an unlicensed HMO and ordered to pay a rent repayment order of £6,480.
The judge said the First-Tier Tribunal's decision "must be set aside in any event because of the failure to address the potential defence of reasonable excuse arising from the incorrect information on the website."
Judge Cooke ruled that the earlier tribunal had not considered whether the council website was misleading and had failed on a point of law to deduct utility costs the landlord had paid for the tenant from the repayment order.
The judge also ruled the First-Tier Tribunal had not adequately considered Mrs Ojukwu's financial position even though the evidence was in the case papers.
Read the full judgment Ojukwu v Onuoha FTT Ref: LON/OOBB/HMF/2023/0033
Landlord Stevan Georgievski blamed letting agents for not telling him he needed a license to rent a property in Hammersmith, West London, shared by five tenants.
But the judge at the First Tier Property Tribunal heard the agents were in liquidation, and he managed the property in Hammersmith, West London, with a housekeeper.
Judge Shepherd added: "We do not find the respondent's account credible, and even if it was, the onus was on him to determine if the property needed a licence. The conduct of the landlord overall was poor. There were problems of disrepair and [mouse] infestation, and spending several hours in the home's lounge by him and the housekeeper was a form of harassment.
Georgievski was ordered to pay a £33,668 rent repayment order and £700 costs.
Read the full judgment Farrell & Others v Georgievskil LON/OOAN/HMF/2024/2011
Landlord Gaures Ata must pay a £97,000 fine for breaking 145 housing regulations at a 101-bed student block in Sheffield.
The First-Tier Property Tribunal reduced by more than £60,000 from a massive £158,600 fine imposed by Sheffield City Council in July.
The tribunal was told Ata owned more than 5,000 rented homes across the UK.
"There is clear evidence that the occupiers of the property have suffered harm. They have had to live in a property that is very much substandard and have had to put up with the presence of rats," said Judge Tonge.