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Oz landlord to repay UK tenants £16,224 despite 'grey area' claim

rent repayment order

A landlord who tried to blame Southwark Council for her failure to understand its additional licensing scheme has been told to pay her tenants £16,224.

Ceri Banks didn’t licence the three-bedroom flat in Bath Terrace, London, a First Tier Property Tribunal heard, and argued that the delay in submitting her application was not intentional but due to “unclear information from the London borough regarding the applicability of the additional licensing scheme” and what she described as “the resulting grey area surrounding compliance with the requirements”.

However, the tribunal judge rejected her excuse as she had no evidence to substantiate her claim.

The tribunal found that Banks had failed to ensure gas safety checks were completed but didn’t accept the tenants’ claim that she had not installed fire safety measures such as smoke alarms in the kitchen or bedrooms and fire extinguishers or blankets.

The judge said: “Each local housing authority will have different specifications as to whether, for example, a fire blanket is required or whether smoke alarms are required in bedrooms. It is not clear what the particular specifications of the London Borough of Southwark are in this regard.”

Mice claim

It also rejected the tenants; claim that there was an issue with mice - as only one had been spotted – along with claims that electrical work hadn’t been completed.

Banks explained that she was based in Australia and had made every effort to ensure compliance with UK housing regulations, acting promptly to licence the property once she was made aware of the requirement to licence.

The judge added: “The tribunal accepts as mitigation that the respondent had acted promptly when she was aware of the licensing breach and that an additional licence for the property was granted on 18th September 2023.”

The three female tenants - represented by Justice for Tenants – had sought £24,960 for the period of 23rd July 2022 to 22nd July 2023, but the tribunal ordered that a Rent Repayment Order of 65% should be made.

Banks has until 6th July to appeal the decision.

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