A First-tier Tribunal decision has come down in favour of a private landlord after an unsuccessful Rent Repayment Order (RRO) claim was brought by tenants. 

The tribunal ruled that the landlord had met licensing obligations and had been the victim of administrative failings by the Southwark council in London.

The landlord – represented by Landlord Licensing & Defence – was found to have applied for and paid for the necessary HMO licence in late 2018. But failures within Southwark’s licensing records meant the application was neither processed correctly nor entered on the council’s database.

Despite the council licensing department belatedly acknowledging the landlord following the correct procedure, the tenants proceeded with their application relying on earlier erroneous information from the council. 

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

Additional allegations about property conditions were found to be exaggerated.

The tribunal expressed concern over the contradictory records held by the council, which led to misinformation forming the basis of the tenants’ claim. It also declined to order any reimbursement of the applicants’ costs.

The ruling resulted in the landlord avoiding unjust liability of £29,000 in claimed rent repayments.

Landlord Licensing & Defence says the case serves as a reminder of the risks landlords face when councils fail in record-keeping, and underscores the importance of expert representation in Rent Repayment Order cases.

A spokesperson for the service says: “This was an appalling case of a landlord being dragged through a legal process for something they had already complied with. 

“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.”