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'Cavalier' landlord must pay tenants back £9,360

Kitchener Road

A landlord who took a “cavalier attitude” to renting out his property, which he didn’t visit for more than a decade, has been handed a £9,360 rent repayment order.

Mark Novotny had argued that the three-bedroom house in Kitchener Road, London, didn’t need a licence as it wasn’t an HMO, however a First Tier Property Tribunal ruled that this was no excuse as it was in Waltham Forest’s selective licensing area.

One tenant had lived in the three-bedroom house since September 2012 and when another tenant moved in in May 2020, Novotny didn’t produce any new agreement or discuss any new arrangements for the letting.

The landlord, who failed to attend the hearing, employed a managing agent in October 2023 and visited in December 2023 for the first time in more than 10 years. The tenants told the tribunal that he was concerned about the council and the need for a licence and told them the rent would have to increase to cover this cost and the managing agent’s fees.

Spent

The tenants said they had spent about £9,000 carrying out repairs to the property, such as the consequences of persistent damp and laying new laminate floors although he sometimes reimbursed them. The landlord did not have the necessary certificates in place such as the EICR or gas safety certificate and there were occasional leaks.

The tenants were offered a 12-month tenancy agreement in October 2024 and learned the rent was to go up by £400 to £1,600. They refused to sign as they couldn’t afford it and left a month later.

Decided

Novotny started an application for an HMO licence but then decided to sell the property. He finally applied in November 2025.

The judge said: “The respondent has taken a cavalier attitude to his legal responsibilities to the property and to the tribunal. He has failed to keep up to date with the law, failed to keep the property in a decent condition and failed to provide the necessary safety certification.”

The three tenants claimed £14,400 for the 12 months to November 2024 and were awarded 65% of the maximum RRO payable.

Tags:

Property tribunal
Rent repayment orders

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