A landlord has lost his legal battle to challenge a £12,600 rent repayment order after he tried to illegally evict two former tenants.
An Upper Tribunal found that although the First Tier Property Tribunal’s approach to Michael Osagie’s case was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.
The tribunal hearing heard that Osagie arranged for the locks to be changed at the property in Wanlip Road, London, and removed his tenants’ belongings while they were out, claiming that he believed they had already moved.
After they got back in, Osagie and his daughter forced their way into the house and told police the tenants were squatters who had broken in – a claim officers dismissed.
The tenants claimed damages against him in the County Court, resulting in an initial order being made for an injunction and damages of £7,644 for illegal eviction plus costs. At a later hearing around the return of deposits, which Osagie did not attend, a final order was made for £2,000 in favour of each respondent, plus costs.
When a notice for the First Tier Property Tribunal proceedings was sent, his solicitors said both they and Osagie would be attending the hearing, however, they did not. He was handed a £12,600 bill.
Osagie argued that he had been unaware of the hearing date and appealed. The Upper Tribunal judge ruled that the decision to proceed was “not a valid exercise of the FTT’s discretion,”.
However, he added that given the seriousness of the offences and the fact that the respondents moved out as a result of Osagie’s conduct, there was no possibility that the FTT would have decided it was not appropriate to make a rent repayment order.
“The facts about the illegal eviction recorded in the FTT’s decision, and the agreed payment of compensation and costs which ended the County Court proceedings, demonstrate that Mr Osagie is prepared to trample over the rights of others if he considers it to be to his advantage.”
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