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

ave said earlier, and I'm quite sure, that there are quit a number of resident landlords who believe that they have ' lodgers ' and not tenants, by virtue of the Landlord being resident. The Norbury case dispels that myth.
Had Possession Friend been representing the landlords, I'm confident that at least a third, possibly up to a half of that RRO could have been mitigated, of which our fee would be a fraction.

I only provided these for reference, I haven't time nor inclination to read through the vast tome of details. As I ve not had to cross this bridge, nor will I likely to do, as I follow the rules, laws and regulations after having a non too pleasant experience with Bristol City council. I fiound them to be very unwilling to negotiate on a fine for late registration of a license.

What did stand out here was the very high proportion of successful RRO awarded, and the figures between 25 and 100% of the rent collected.

Dear Maz,

I help train local authorities on their new Housing Enforcement powers under the Housing And Planning Act 2016 - the piece of legislation that empowers tenants to bring RRO's.

The only information the council needs to provide is confirmation that the property was unlicensed and confirmation of the date the license application was made. The Data Protection Act requires they provide this information for the purposes of legal proceedings so it will not be difficult for your former tenants to obtain the required Burden of Proof.

The Tribunal is also very cheap to apply to (£100) and there is very little risk of having to pay costs compared to court. The Application form is also relatively easy, so it can be fairly easy for a tenant to bring action.

I've had the experience of applying for hundreds of Rent Repayment Orders and carrying out lots of hearings. From my experience, offering a settlement, in writing, at an early point can be very sensible.

If your tenants go to a for-profit claim firm, they will be less inclined to accept a low settlement as they will need to spend 30% &-50% of what they receive paying their representatives.

Many local authorities have people in post specifically to assist tenants with RROs. The Tribunal has the power to award rent to be repaid, you will not be able to counterclaim and any evidence that your tenants tried to "blackmail" you will need to be supported with very clear evidence that cannot be interpreted differently. This will not be likely to chance whether an RRO is awarded against you, but this conduct may lower the amount awarded.

It is often the case that the matter can be settled for a specific amount early, or for a larger amount after the matter has progressed, and after you may have also incurred legal fees. Good faith efforts to resolve the matter may also reflect well if it goes to Tribunal.

It is very common for the total cost of defending an RRO to be over £7,000, and the vast majority of the time that an RRO application proceeds tot he hearing, the landlord ends up worse-off financially, taking into account legal costs, than if they had settled early.

kind regards,

Alasdair
Justice For Tenants

Well there you have it Maz, with lovely people like this characters here Alastaire and such. Its open season for any landlord who fails to meet the requirements. Whilst the aggrieved Tenant has every ambulance chasing, do gooder to help them.
As I said the first price is the best. Given its no longer permitted to get "one of the boys" to sort it out.

Reply to the comment left by BB at 20/04/2020 - 14:50We represent Landlords in RRO defences for less than a tenth of Alistairs figure, which would even be more than the Top end for a Solicitor.
We also handle Negotiation to ascertain if a low early offer is acceptable.

If the Council is not assisting tenants with their RRO application, then the burden of proof falls on the applicant(s) making the RRO application. It will be for them to prove ‘beyond reasonable doubt’ that the property was not licensed under the LA’s Selective Licensing Scheme for the period or duration stated in the RRO application.
They can approach the council and request information to support their RRO and it’s likely that the LA will provide this, regardless of the property now being licensed.
I agree with the comments re; time is on your side and the fact you acted promptly to apply for a license, and most importantly you have attempted to resolve the issues (agreed to end fix term early etc) will be mitigating factors all in your favour. I wouldn’t pay out any monies and instead build your defence so that the FTT reduce the amount of the RRO. Good luck!

Reply to the comment left by Possession Friend at 20/04/2020 - 15:08Go tell Mario, it's not my gig. The pair of you are like circling vultures. Shame on the both of you.

Reply to the comment left by BB at 20/04/2020 - 15:12Hi BB
Just wanted to say I understand the ‘no moving’ with BCC on negotiation particularly where licensing is concerned...
Previously employed at BCC as a Tenancy Relations Officer, and the sole author of ‘A Tenants Guide to RROs’ Tenants Pack. BCC’s Private Housing Team are very well known to be non-negotiators when it comes to Enforcement.

Reply to the comment left by Everything PRS at 20/04/2020 - 15:36
As far as L.A's go, BCC are particularly Pro-Tenant and anti-Landlord.
I think the simple word for it, is ... bias !

Reply to the comment left by Possession Friend at 20/04/2020 - 17:37
Won’t comment on this.. but, my role was predominantly & very much Tenant orientated and investigating/prosecuting for unlawful evictions & harassment, unfair contract terms, modern day slavery and RRO’s .