Goldsborough & Anor v CA Property Management Ltd & Ors [2019] UKUT 311

This case relates to a property owner and an intermediate rent to rent company who granted tenancies of an unlicensed house in multiple occupation. The owners of the property Mr and Mrs Gardner had granted a 5 year lease to CA Property Management Ltd . The two bedroom flat had been converted into five bedrooms . Mr and Mrs Gardner were responsible for insuring the property, maintainingthe external and internal structure, gas, electrical systems and heating, the safety of electricity and gas supplies to the property and paying the cost of obtaining a gas safety certificate, NICEIC certificate and energy performance certificate. Two of the tenants made an application to the First-tier Tribunal for a Rent Repayment Order. Mr Goldsborough applied against both CA Property Management (for harassment and illegal eviction) and Mr and Mrs Gardner (occupation and control of an unlicensed house in multiple occupation). Mr Swart applied against only Mr and Mrs Gardner on the ground of operating and controlling an unlicensed house in multiple occupation. The First-tier Tribunal decided that CA Property Management was the landlord and both Rent Repayment Orders were made against the management company. The decision was appealed.