A “lackadaisical” landlord who rented out an unlicensed and cockroach-infested HMO has been told to pay £10,834 back to three tenants.

Fernando Brown argued that he did not know how many people were living in his three-bedroom flat in Leander Road, London (main image), as the tenancy agreement had only been signed by one tenant, while he was not aware of Lambeth Council’s new additional licensing scheme until June 2022.

However, a First Tier Property Tribunal found that the tenancy agreement contained the printed names of the other two tenants and that they had all signed the agreement via DocuSign, while a WhatsApp group consisted of the three tenants and the landlord’s son Michael Brown.

The judge said that the council’s HMO team had also received an email from the landlord in January 2022 asking if ‘a three person HMO required a licence’ although Brown didn’t apply for one until June 2022.

Infestation

The tribunal heard that the property suffered from a serious infestation of cockroaches and was also affected by mice and ants. Brown did not use professional pest controllers but supplied his tenants with traps and poison to deal with the problem. In December 2021 he replaced the floor covering in the kitchen which, while it reduced the problem, did not eliminate it. There was also an issue with a faulty shower and damp and mould in a bedroom.

The judge said: “The respondent displayed a lackadaisical approach to compliance with his legal obligations as a landlord.”

Brown, who owns four other rental properties and has previously had an RRO made against him in 2021 in respect of another property, said he had given his tenants the ‘How to rent’ booklet, an EPC, a gas safety certificate and a valid EICR at the start of the tenancy.

The tribunal made an RRO of £10,834, 75% of the rent paid.

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