Appeal dismissed: Global Guardians
In a complex case which centred on s263 The Housing Act 2004 (HA) Global Guardian's appeal of the RRO made against them was dismissed by the UT on Friday. Not yet published: DM if you'd like a copy. Wonder if they'll now try the CA (again)...😀

We will be representing the Applicants in requesting permission to appeal this decision by the all lay tribunal. Follow here for the outcome

70% RRO made by J Latham

Salutary lesson for prospective RRO As: a breach of licensing conditions is not the same as not licensing. It is not a RRO offence...sadly

Disturbing decision where a (15 month) late application to renew a licence resulted in council backdating new licence: tribunal considered no break in licensing so no RRO. Appeal anybody?

UT in Kemp v DIP Systems: landlord had “reasonable excuse” for unlicensed HMO due to council’s payment glitch. Tenants’ claim dismissed as out of time being after 🎂 of failed licensing attempt as offence not "committed" at start of excuse. J4T
landschamber.decisions.tribunals.gov.uk/Aspx/view.as...

No #RentRepaymentOrder (#RRO) made in harassment case. As did not supply evidence that the landlord had cut off the electricity:
"When the landlord asked Ms King directly why he would cut off the electricity, she replied, who else would do it?" §53
#GetRentBack ...not so easy for harassment

75% #RentRepaymentOrder (#RRO) against LL of poorly maintained property. J4T case #GetRentBack

40% #RentRepaymentOrder (#RRO) against 'accidental' LL who was responsive & provided good accommodation below market price ...in London! A J4T case.
Loving the phrase 'accidental landlord'😂

#GetRentBack

No RRO as Eastbourne had backdated the licence to cover the period applied for (quite a common practice- unfortunately). A had not been able to provide evidence that the licence had been applied for after his RRO application, i.e. on 2 October 2023.
As: get clear evidence from the council ! Insist.

No #RentRepaymentOrder (#RRO) made in a harassment case. A's harassment claims related to failure to reimburse him for repairs, a leaky bathroom & no Gas Safety Certificate or Electrical Installation Condition Report.
Another warning, if needed, to As re harassment offence RROs #GetRentBack

80% #RentRepaymentOrder (#RRO) against a Rent-to-Rent (R2R) company after dismissing R submission it was only an agent: FtT found R was “the true and only principal.”
Hope As can get that paid...
#GetRentBack

85% #RentRepaymentOrder (#RRO) in London FtT (J Nicol) - J4T case - professional landlord, along with another swipe at UT re utilities deductions... #GetRentBack

Southern FtT 40% #RentRepaymentOrder (#RRO) against a professional LL with 4 properties after failure to renew a previous licence #GetRentBack

Midlands 45% #RentRepaymentOrder (#RRO) - favourite %age at this tribunal. A had been advised by Birmingham to apply for Temporary Exemption Notice (TEN): but then council refused the TEN: FtT felt some sympathy here understandably
#GetRentBack

New horizons for selective licensing schemes   | Cornerstone Barristers by Tara O’Leary  On 23 December 2024 central government introduced changes to the rules which permit local housing authorities (“LHAs”) to adopt a selective licensing […]

Useful summary here of the recent loosening of restrictions on LAs introducing selective licensing schemes. By Tara O'Leary of @cornerstonebarristers.com
cornerstonebarristers.com/new-horizons...
This "20/20" rule was where Liverpool were caught out in their replacement scheme in 2020 (!) of course

Are you following @flat-justice.bsky.social

Students deserve better housing rights and better housing!

65% #RentRepaymentOrder (#RRO) for As of an unlicensed HMO. R actually stated it was As' responsibility to make sure a fire alarm was in place! 😂
#GetRentBack
An important lesson here for RRO As in terms of giving evidence:

50% #RentRepaymentOrder (#RRO) for A in a HMO that was charged with ABH in an altercation with another resident. R did not protect deposit

#GetRentBack

Another 70% #RentRepaymentOrder (#RRO) for a LL that claimed to be resident -hence no deposit protection etc. T decided A's room was lockable, so exclusive possession, and rent was paid periodically for a term= tenancy. J4T managed-case.
#GetRentBack

70% #RentRepaymentOrder (#RRO) made, largely on the basis of Newell v Abbott (2024). Worse offence than Newell (60%) due to mold and lack of fire doors. A J4T-managed case. #GetRentBack

No #RentRepaymentOrder (#RRO) made as R had attempted to pay for licence application but not checked whether the payment went through. T accepted that R had severe personal "strain" and accepted this as a reasonable excuse. 3 properties so professional LL. A J4T managed case.
#GetRentBack

Camden holding an evening advice session for Private Rented Sector tenants:
Camden Town Hall (Claudia Jones Room), Judd Street
Date: Tues 18 February, 6pm to 8pm
Covering:
disrepair – damp and mould etc.
#HMO licensing
harassment/illegal evictions
managing agents, fees, deposits
Renters' Rights Bill

Here is the new leasehold SI removing the 2 year qualification period

www.legislation.gov.uk/uksi/2025/57...

The work continues to switch on the measures in the Leasehold and Freehold Reform Act.

I have today signed regulations to remove the two-year ownership rule for leaseholders of flats to extend their lease, and leaseholders of houses to extend their lease or buy their freehold.

Wolverhampton landlords get suspended sentences over eviction Kimberley Bethell and Davinder Singh Chall are sentenced to nine months, suspended for 18.

Illegal eviction from supposed 'supported accommodation'. conviction, but landlords get a suspended sentence, £10K fine, & ordered to each pay £1500 to the tenant. Penalties for illegal eviction in Magistrates remain low. Hope tenants will go for a rent repayment order

www.bbc.co.uk/news/article...

RRO Appeals: how long do they take? 5 months minimum

We wanted to advise our clients on how long they could expect an appeal of a First-tier Tribunal decision might take at the Upper Tribunal. Here is a table of appeals from 2024 showing the delays. Quite a range: 150 to 431 days

e.g. It's no good telling As that no licence has been issued but failing to tell them that a licence application was applied for a year ago and is still sitting in the 'in-tray'
Or that a Temporary Exemption Notice (TEN) was issued
Or just plain wrong

Tenants are often enforcing the LAs' own licensing schemes: whose side are they on?!

LAs should have an expert in RROs to give advice to tenants and there should be a standardised answer template for RRO enquiries that covers all bases.