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Residential Property Tribunal, London Borough of Westminster; HMO Licensing

April 20, 2015

Property: 346 Kilburn Lane, London, W9 3EF

Case Reference: LON/00BK/HMA/2011/0005

London Borough of Westminster made an application for a Rent Repayment Order to reclaim housing benefit. Mr George El-Lamah, the respondent, did not attend the hearing.

London Borough of Westminster had attempted to persuade Mr El’Lamah to re-register the property when the license ceased in 2008; there had however been no response from him.

At the hearing, the tribunal heard that the London Borough of Westminster sought to recover over £30,000; this sum was reduced by a little over £200. A copy of the first revision was not sent to the landlord.

The tribunal decided that they were satisfied the property was a licensable HMO which had been controlled by Mr El-Lamah who had not re-licensed the property; he was subsequently convicted in him absence. There was also a discrepancy between the London Borough of Westminster’s calculations and those reached by the Tribunal; they also reduced further by the RPT in their decision to £29,180.87. The RPT also decided that the rate of recovery must be at the rate of rent payable.

For more detail and comments by Dr Stephen Battersby, please follow the link.