[2024] UKUT 69 (LC)

This appeal is against the decision of the First-tier Tribunal (Property Chamber) (the FTT) on 3 April 2023 ordering Mr Taqeer Shah, the first appellant, to repay rent totalling £21,000 to the six respondents who had been tenants of a house in North-East London belonging to Mr Shah’s company, the second appellant, TSMB Ltd. The FTT was satisfied that the house was an unlicensed house in multiple occupation (HMO) and that, as a person having control of or managing unlicensed HMO, Mr Shah had committed an offence contrary to section 72(1), Housing Act 2004. It made a rent repayment order under section 40, Housing and Planning Act 2016 ordering Mr Shah to repay £3,500 to each of the former tenants.

At the hearing of the appeal Mr Shah was represented by his solicitor, Mr Karel Hart, to whom I am grateful for his submissions. The tenants have not participated in the appeal.

Mr Hart challenges the FTT’s determination that Mr Shah (rather than TSMB Ltd) was the landlord of the property, and its dismissal of his defence of reasonable excuse. He also challenges the quantum of the order (which represented 70% of the total rent paid for the year of the tenancy).