An East London landlord has been ordered to repay over £5,000 to a tenant they illegally evicted, after the latter’s rent arrears totalled £17,000.
In a government tribunal, the tenants sought a rent repayment after making claims of harassment, poor living conditions, illegal eviction and alleging the landlord had not licensed the premises.
A government tribunal found in favour of the tenant — mother and daughter Anita and Yazmin Summan — and ordered landlord Gloria Nolte to pay them £5,055.
The tenants had originally moved into the two-bedroom property in April 2021, on a six-month contract with monthly rent of £1,400.
One month’s advance rent was paid, in addition to a deposit of £1,400. They lived at the property until 31st March 2024.
They claimed rent repayment orders totalling £16,850 for the rent they had paid between 24th April 2022 to 23rd April 2023.
The tenants alleged that during their tenancy they endured poor living conditions, including loose electrical sockets, a mouse infestation and a noisy boiler.
In addition, they claim they endured verbal abuse from the landlord who they claim also deliberately caused a power outage at the property.
They argued they were illegally evicted between 31st March 2024 and 10th April 2024 when the locks were changed while they were out. The landlord also obtained a possession order and money judgement based on the rent arrears.
The tenants were cross-examined about the non-payment of rent which began in November 2023. Anita Summan said due to harassment from the landlord and ill health she stopped paying the rent. In addition, it was argued her daughter also suffered from ill health and could not assist with the payments.
In her defence, Anita argued she withheld rent as they would need to move elsewhere.
The landlord’s brother argued in response that the penalty should be zero, explaining Gloria had to pay her mortgage with a credit card as a result.
However, the tenants’ representatives were able to successfully argue that rent had been paid during the relevant period and that the property had not been properly licensed. In addition, it was found the landlord had not been paying the required utility bills for the property.
Though the judge found in favour of the tenants, they argued the fact the tenants were living in the property practically rent-free could not be justified.
The judge ruled: “We consider that the premises were in disrepair and there probably was an unlawful eviction in April 2024. However, we also consider that the substantial arrears incurred by the [tenants] after the relevant period 12 demonstrated very poor conduct on their part. If the [landlord] did change the locks before the bailiffs were involved this was probably borne out of desperation.
“Neither side behaved properly in this case. We do consider that it is appropriate to award a penalty but it would be artificial not to reflect the applicants’ appalling failure to comply with the terms of the tenancy. In light of all of these matters we consider that an 30% award is appropriate which equates to £5,055.”
The judgement was made on 23rd December 2024. The landlord has right to appeal.
