Opara v Olasemo [2020] UKUT 96 (LC)

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Court: Upper Tribunal (Lands Chamber)
Date: 2020
Type: Standard of Proof in Rent Repayment Order Cases

Background:

The case of Opara v Olasemo [2020] UKUT 96 (LC) is a significant decision by the Upper Tribunal (Lands Chamber) concerning Rent Repayment Orders (RROs) under the Housing and Planning Act 2016. It provides clarity on the evidentiary standards required for tenants to successfully claim RROs against landlords for offences such as unlawful eviction and managing an unlicensed House in Multiple Occupation (HMO).

Mr. Opara appealed to the Upper Tribunal.

This case underscores several important legal principles:

Standard of Proof: The criminal standard (“beyond reasonable doubt”) applies to RRO applications, but tribunals are permitted to draw reasonable inferences from the evidence; absolute certainty is not required.
Evidence Requirements: Direct evidence from all occupants is not mandatory to establish that a property is an HMO; tribunals can infer occupancy patterns from available evidence.
Landlord Expenses: Landlords cannot deduct typical property-related expenses (e.g., mortgage payments, utility bills) from RRO amounts.
Seriousness of Offences: Unlawful eviction is considered a serious offence warranting substantial RRO awards.

This decision serves as a precedent for tenants seeking RROs and clarifies the evidentiary standards and considerations tribunals should apply in such cases.

Decision:

FTT awarded Mr. Opara a Rent Repayment Order of £4,160, representing the maximum recoverable rent for the 12 months preceding the unlawful eviction, minus £240 in acknowledged rent arrears. Additionally, Ms. Olasemo was ordered to reimburse Mr. Opara £300 for tribunal fees.

Links:

Opara v Olasemo [2020]

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