Rakusen v Jepsen [2023] EWSC 9 (Case ID: 2021/0188)

This case relates to a leasehold flat and a claim by the tenant that the owner and his partner were in control of an unlicensed HMO. The lessee owners vacated the flat and let it to an investment company.  The  company entered into licence agreements with Mr Jepsen and two others for occupation of individual rooms in the flat.  Subsequently four people moved in which meant it was a house in multiple occupation (HMO) requiring a licence. In 2019 the investment company’s tenancy ended and the residents applied to the First-tier Tribunal (FTT) for a Rent Repayment Order against the owner (Rakusen) and his partner.  It was argued by Rakusen that the order could only be made against the immediate landlord, namely, the investment company. The FTT dismissed the application and awarded against Rakusen and his partner.  The FTT granted permission to appeal.