Landlord blames letting agent and council for £11,000 Rent Repayment Order

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A landlord who blamed a council for not telling her about its additional licensing scheme has managed to get her rent repayment order cut in half.

Kerry Prevost-Cooper told a First Tier Property Tribunal that Tower Hamlets Council did not advertise the designation or notify her of the change. She also pointed the finger at the OpenRent platform for not keeping her informed.

Councils are often criticised for not advertising schemes thoroughly, particularly to those landlords outside the area, although in this case Tower Hamlets insisted it had previously sent out leaflets and contacted known landlords.

However, Prevost-Cooper convinced a tribunal judge, who reduced the RRO for not licensing the house in Clearbrook Way (main picture) from £22,173 to £11,086.

‘Needed to by psychic’

The landlord told the court that she had no idea that there were, or could be, separate local requirements or that the property could be an HMO in these circumstances.

She suggested landlords needed to be psychic if local authorities failed in their duty. Although she works for a local authority, when asked whether she should have been proactive to find out local requirements, she said she wouldn’t have known how.

The tribunal ruled that there were various ways to take reasonable steps to consult those who were likely to be affected by licensing, and it did not accept that the mere fact a local authority had failed to write personally to every single landlord who might be affected put it in breach of its duties.

Although Prevost-Cooper’s ignorance was not a reasonable excuse and she should have researched the legal requirements relating to letting the property, it acknowledged the offence wasn’t deliberate.

Read more about RROs.

View Full Article: Landlord blames letting agent and council for £11,000 Rent Repayment Order

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