The relevant facts
4.153 Downton Avenue, Streatham Hill, is a three-storey, four-bedroom, semi-detached house which was the family home of Mr Nayyer Jahanghir until about 2017 when he moved out and went to live with his daughter, Ms Saira Jahanghir. Mr Jahanghir then decided to let the property through a residential letting agency called Focus Properties.5.In August 2017 the whole of the house was let to the appellants under a tenancy for one year, which was later renewed for a further year from 19 August 201 at a rent of £3,300 per calendar month (inclusive of council tax and water rates). The tenancy agreement provided that each of the tenants was responsible for the payment of the whole of the rent. It also included a covenant by the tenants not to sub-let or part with possession of the property or let any other person live there.6.Between September 2018 and February 2019 one of the appellants, Mr Herring, moved out of the house and sub-let his room and between February and August 2019 Ms Cooke also moved out and sub-let her room. The appellants say that these sub-lettings took place with the consent of Mr Jahanghir’s managing agent. An email from the agent to Mr Herring on 2 September 2019 confirms that at the very least the agent was aware that his room had previously been sub-let and confirmed that the tenants had his permission “to get two guys into the house on a sublet agreement”. The agent appears not to have informed Mr Jahanghir.7.The second year of the tenancy came to an end in August 2019. Some of the appellants remained in occupation for a few months but by the end of the year they had all moved out.8.At some point the appellants became aware that Mr Jahanghir ought to have obtained a licence from the local housing authority to let the house as an HMO. When they asked the London Borough of Lambeth they were informed that no licence had been applied for or granted. On 20 October 2020 they applied to the FTT for a rent repayment order.