Rent repayment orders could be costly !
Another reason why being part of an accreditation scheme or a landlord association is so important – it could be costly to ‘not know’ !
Tenants and local authorities, where housing benefit is paid, are able to apply for a Rent Repayment Order (RRO) for repayment of rent against a landlord or agent if a premises is not licenced when it is required to be.
If we take Leicester City council’s selective licence scheme which has been in operation for ten months a tenant, there could claim ten months’ rent back if there landlord hasn’t applied for the correct licence
A recent case heard by the RPT required a landlord to repay £12,500 and £300 costs of bringing the case back to the claimants.
The Landlords pleaded innocence of the scheme, blaming the council for its failure to inform them of their statutory duty to licence the property. But judges at the Property Tribunal hearing pointed out that innocence of the law was no defence in such RRO cases, in accordance with the Housing and Planning Act 2016.
They added: “Becoming a landlord is a serious undertaking – a landlord can literally hold the lives of their tenants and their families in their hands...It is not only that ignorance of the law is no excuse but that it is incumbent on landlords to familiarise themselves with the legal requirements to which they are subject...They are not entitled to keep quiet and wait until the local authority catches up.”
Join DASH Landlord Accreditation and get in the loop ! email dash@derby.gov.uk if you need more information or are struggling to apply