Defending a rent repayment order alone is ‘financial suicide’, claims legal expert

A legal expert warns landlords who “go it alone” in defending a rent repayment order risk financial and reputational disaster.

That’s the view of Des Taylor from Landlord Licensing & Defence, who says that without rock-solid evidence and specialist representation, defending a rent repayment order is a recipe for disaster.

The firm warns that losing a rent repayment order case leaves landlords with a permanent public record online.

Severe consequences for landlords

Mr Taylor warns that rent repayment orders are a serious offence with potentially severe consequences for landlords.

He said: “Rent repayment orders are strict liability offences. If a property was unlicensed when the law required one, the landlord is guilty regardless of whether the agent failed them or they were unaware of the requirement.”

The only defence, Mr Taylor says, is to have the evidence that proves the landlord’s case.

This means time-stamped proof of a licence application, payment receipts, bank statements, council acknowledgements and detailed phone call records. Without this, the tribunal will take the council’s word that no valid licence existed.

Mr Taylor says that too many landlords are walking into tribunal hearings relying on irrelevant emotional arguments, such as claims about tenant behaviour and disputes over fire safety items.

Mr Taylor adds: “These do not work. They have no validity in law. What is even worse, they actually increase the landlord’s penalties and leave a permanent public record of an ineffective defence and evidence of poor landlording visible in Google to all and sundry – including the landlord’s mortgage provider, their employer and, if they are in a regulated profession, their regulating authority as well!”

Keep a record of documentation

Mr Taylor is urging landlords to make sure they keep a record of documentation to defend against a rent repayment order.

He points to a case where Landlord Licensing & Defence was able to defend a landlord and have the rent repayment order case completely thrown out.

This was only because they had the complete documentation, which they were able to present to the tribunal. From payment proof to council emails, this made the council’s position impossible to support.

Most landlords walk into a tribunal like lambs to the slaughter

The firm is urging those landlords facing rent repayment orders to act immediately to secure the specialist assistance necessary for conducting the case so that no landlord ever needs to enter the Tribunal room.

Mr Taylor warns once the case goes in front of the Tribunal, everything is on the public record.

He said: “Rejecting expert legal help is a costly mistake, and one that landlords make to their ultimate cost. Professional representation is not an expense; it is an investment in minimising otherwise massive financial penalties and in averting severe and very public reputational damage.

“Achieving successful anonymity is something landlords are not capable of without expert assistance; they face public shaming because most landlords walk into a tribunal like lambs to the slaughter.”

He adds: “Landlords who try to “go it alone” are like drivers trapped in a mangled car telling the Fire Brigade, “I will get myself out”, refusing help when they need it most.

“The advice is unequivocal. If facing an rent repayment order claim, a landlord should not deny reality.”

For support and advice on defending Rent Repayment Orders and Civil Financial Penalties, contact Landlord Licensing & Defence on 0208 088 839 or by clicking here for a 10-minute diagnosis call with an expert