A landlord has been ordered to repay almost £19,500 to three tenants after a First Tier Property Tribunal rejected his argument that ill health and reliance on outdated council guidance amounted to a reasonable excuse for failing to license his HMO.

The tribunal heard that the HMO at Whitworth House in Southwark had no door to the kitchen and a missing fully integrated mains operated smoke/heat/carbon monoxide system, which the tenants said posed a significant risk. They added that they weren't given electrical safety and energy performance certificates.

The tenants were critical of Nicholas Jollie’s property management, and told the tribunal about difficulties caused by a defective shower, inadequate fire/heat/carbon monoxide detection and his failure to respond “expeditiously” to other property problems.

Jollie told the tribunal he had a reasonable excuse for his failure to licence the property as he suffered from severe incapacity due to an accident, which had caused chronic pain and insomnia. He had also received an ADH diagnosis, although the tribunal noted no supporting evidence had been submitted.

Identify

It heard he had failed to identify the need for licensing as he had referred to a weblink that detailed the London Borough of Southwark’s historic standards for licensing of HMOs. The tribunal said: “It was suspected the respondent had inadvertently accessed the 2015 licencing scheme standards and not those for the relevant period in dispute. The tribunal are aware it is the responsibility of a landlord or managing agent to ensure they are appraised of the correct and relevant information in respect of HMO licencing.”

Jollie said he was a diligent and committed landlord who had addressed any difficulties and problems presented by his tenants and devoted much time to resolving a leak from a flat above.

However, the tribunal ruled that the lack of licensing for 10 months and identified safety breaches made it a serious offence and ordered a Rent Repayment Order amounting to 72.5% of the total £28,321 rent paid.

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