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The Immediate Landlord it is Decided is “The Landlord”!

The Supreme Court Decides, Des Taylor, Casework Director at Landlord Licensing & Defence, reviews the Decision

The uniqueness of this case is that it was about indecision as to whether an appeal at the First-tier Tribunal could even proceed.

What was at stake was if a Rent Repayment Order could be made against any landlord and leave anyone in the superior Landlord chain liable for a Rent Repayment Order on any short leases.

The decision review considers everything that was discussed in the article in the March 2023 edition in the article - Immediate and Superior Landlord is it “a landlord” or “the landlord”?

At the Supreme Court on 1 March 2023, it was the sweetest sound to hear the decision read out as if the Respondent Barrister was reading his Summation of his submission at the hearing.

A glorious victory for landlords in a country where the constant bombardment by way of tenant grievances, local authority enforcement and governmental penalisation seems par for the course.

Tom Morris the Barrister from Landmark Chambers, has from the outset, defended the position that “A Rent Repayment Order can only be made against an Immediate Landlord”.

He has appeared at First-tier Tribunal, Upper Tribunal, Court of Appeal and the Supreme Court for the Superior Landlord and on this day he definitely had a momentous victory.

The legislation has not been drafted well, everyone involved agrees that much. The Rent-to-Rent Sector is interesting and will always present challenges where “mesne tenants” exist and there is money to be claimed. 

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