A landlord who claimed unsuccessfully that he had been deceived by his tenants has been handed a £9,745 rent repayment order.
A First Tier Property Tribunal heard that Robert Rafiz Mohammad Khan Din did not realise his property came under Islington Council’s additional licensing scheme as two of his three tenants told him they were a couple, when in fact it was three people sharing. He applied for a licence as soon as he found out.
Khan Din told the tribunal that he was in Australia on a working holiday and trusted the applicants to pay the rent and look after the house. He relied on the tenancy agreement typed up by one of them, which he agreed and signed.
The tenants alleged that the property was in a dangerous condition and had plumbing problems but although there had been a council inspection, no report was disclosed. They also denied saying they were a couple and explained that they could not advise their landlord about whether he needed a licence.
The tribunal ruled that the landlord’s defence was misconceived because there were still two separate households at the property in Southcote Road, London.
The judge said: “The tribunal finds that the applicants demonstrated less than perfect conduct in paying rent late, leaving furniture to be disposed of after they moved out, and making unsubstantiated allegations that the property was in a dangerous condition.
"The tribunal finds that the respondent demonstrated less than perfect conduct in failing to apply at the start of the tenancy for an additional licence and failing to provide the tenants with a gas safety certificate.”
It awarded a rent repayment order at 50% of the net rent claimed.