A landlord has avoided a £29,000 rent repayment order after a First Tier Property Tribunal ruled that he had been the victim of administrative failings by Southwark Council.

He was found to have applied and paid for the necessary HMO licence in December 2018, however, due to failures in Southwark’s licensing records, the application wasn’t processed correctly or reflected in the council’s database.

When the landlord later presented definitive evidence of payment and application, Southwark’s licensing department confirmed he had been compliant with its licensing duty throughout the period in question.

Despite this, the tenants - assisted by Justice for Tenants - proceeded with their application, relying on erroneous information provided by the council, reports Landlord Licensing & Defence, which represented the landlord.

Multiple inconsistencies

The tribunal identified multiple inconsistencies in the claims made by the tenants and noted that their complaints about the landlord were minor and largely unsubstantiated.

Allegations regarding property conditions were found to be exaggerated, and their assertions regarding licensing were ultimately discredited by the council’s own admissions.

Landlord Licensing & Defence co-founder, Des Taylor said it was an appalling case of a landlord being dragged through a legal process for something he had already complied with.

He added: “Had it not been for our forensic case preparation and the ability to demonstrate Southwark’s failures, this landlord could have suffered an unjust financial penalty. The tribunal’s ruling makes it clear that the allegations were entirely without merit.”

The tribunal also expressed concern over the contradictory records held by Southwark Council, which led to misinformation forming the basis of the tenants’ claim. It declined to order any reimbursement of the applicants’ costs, reinforcing the weakness of their case, said Taylor.

LandlordZONE has approached Southwark Council for a comment.

‍