Landlord Amlendu Kumar has won an appeal in a rent-to-rent case.
Kumar had rented his Tooting property to Like Minded Living Ltd (LML), a guaranteed rent company, which then illegally converted the property into a House in Multiple Occupation (HMO) by allowing five tenants instead of the stipulated three, without Kumar’s knowledge.
Three tenants filed a case against Kumar, and the First-tier Tribunal ruled against him, issuing a Rent Repayment Order for 60% of the annual rent (£7,549.25), even though a 2023 ruling stated that only the immediate landlord—LML in this case—should be liable for such orders.
Kumar appealed, and the Upper Tribunal overturned the decision, noting that he was not liable because he never received rent directly from the tenants. The Tribunal acknowledged a technical breach but highlighted that Kumar had a reasonable excuse, as he had no reason to doubt LML.
This ruling is significant as it clarifies liability in rent-to-rent cases where the property owner does not directly receive rent from tenants.
