Hit with a 9 month Rent Repayment Order from my Tenants?

Hit with a 9 month Rent Repayment Order from my Tenants?

9:42 AM, 15th April 2020, About A year ago 33

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Hello, my tenants have served a Rent Repayment Order on me for 9 months of rent which is a lot of money. Under the grounds that I did not have a selective licence on my property. It is not a HMO, its a 2 bed terraced house.

They found out I did not have a license and informed me. I was not aware that my property was a property selected for this license and checked on line I then paid it immediately. They wanted to leave the 1 year fixed tenancy early and mentioned that they would not mention to the council this issue, but I told them that I had paid it immediately.

I didn’t want unhappy tenants and I agreed to end the tenancy early. I was unaware that after our agreement to end the tenancy they were in talks about me not having a license and how the council are going to fine me. I paid all backdated funds for the license and the council were happy to not take any further, but my tenants wouldn’t let it go and they found out that they could get a rent repayment on all their stay at my home. Can someone please help and advise as we are looking at a lot of money and it is causing problems home.

Thanks in advance of any help given
Regards Maz



Comments

by Mario

12:05 PM, 16th April 2020, About A year ago

Reply to the comment left by Colin Massey at 15/04/2020 - 10:33
Thanks Colin, I will seek legal advise.

by Mario

12:11 PM, 16th April 2020, About A year ago

Reply to the comment left by Syscouk at 15/04/2020 - 10:51
Hi Shah, thanks for the advise. My property has had a selective license that the council have put on it. It is a 2 bed house and privately rented. The tenants have already served all notices to the court. I believe but not 100% sure that someone within the council gave the tenants advise that they could get a RRO.

by Mario

12:47 PM, 16th April 2020, About A year ago

Reply to the comment left by Phil at 15/04/2020 - 10:58
Hi Phil, thanks for the referal I will get in touch.

by Mario

12:57 PM, 16th April 2020, About A year ago

Reply to the comment left by Simon Williams at 15/04/2020 - 11:23
Thanks Simon for the advise, once I was notified of the selective license on my property I paid it and any backdated payments. The council have not taken it any further but these tenants seem to want to pursue all the 9 months rent whilst they lived under the roof of my property effectively for free. As a landlord of just one property I still have outgoings to pay. What really gets me angry is I released them early from the fixed contract they signed, surely the judge will consider that I am not a rogue landlord who tried to accommodate.
I feel that by offering them a settlement that I am guilty which I am not. Will speak to the legal advise offered.

by Mario

13:06 PM, 16th April 2020, About A year ago

Reply to the comment left by BB at 15/04/2020 - 11:27
Hi BB, thanks for your advise, I recently joined property118 as I was looking on line for help. I am a small landlord with one property and class myself as a decent landlord who try's to accommodate my tenants. I find it hard to understand how a tenant can claim a RRO for the whole stay under the roof of my property. Considering that there is no other reason than a loop hole that they can claim because there was a lack of a license which is now in place and the Council are not taking it any further.

by Mario

13:09 PM, 16th April 2020, About A year ago

Reply to the comment left by Ross Tulloch at 15/04/2020 - 13:17
Thanks Ross.

by Chris @ Possession Friend

15:00 PM, 16th April 2020, About A year ago

Reply to the comment left by Mario at 16/04/2020 - 13:06
We have handled RRO's for landlords ( and Not at Solicitors rates )

by BB

15:19 PM, 16th April 2020, About A year ago

Reply to the comment left by Mario at 16/04/2020 - 13:06Very sorry for your situation, but it's simple you didn't conform to the laws and requirement in a time of increased anti landlord sentiment. In an age of Politics of Envy driven by those who haven't - against those that have. Sense reasion and logic are absent in the courts as I have too often discovered. The judges are at the lowest level in the judicial system, may as well go get some 6th formers in.
I'd deal with this as I said, firstly try find someone of standing and reputation in the area to speak on your behalf, try to choose that person by stature and demeanor, ask them to meet with those whom try to exploit you in a public area. Convey your thoughts wishes and regrets on this matter, offering a one off, full and final offer, to be signed and resolved there and then.
If you employ the services of anyone purporting to help you, be it lawyers or whatever, trust me this will cost you far far more than what I suggest.
Or alternatively try call them out......but do you want this hanging over you for the next 6-12 months. My guess is no.

by Jessie Jones

11:23 AM, 18th April 2020, About A year ago

Mario,
Whilst I feel for your predicament, the fact is that tenants are allowed to pursue a landlord for a RRO under these circumstances, irrespective of your good intentions, honest mistake and the fact that you are now licensed.
There is even an advert from a solicitors firm that pops up on my Facebook feed, telling people that they can reclaim their rent. There is going to be an awful lot of this in the next few years as some landlords are unaware of this pitfall, and the sums of money are very lucrative for claimants.
The amount you will have to pay is determined by the FTT (First Tier Tribunal). What would be helpful is whether any 118 contributors have experience in the actual levels of penalties imposed by FTT's in similar circumstances to yours. Then you can decide whether to hold out or try for a settlement.

by BB

12:27 PM, 18th April 2020, About A year ago


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