Tenant Support UK

Dark blue graphic with the text “Wilson v Campbell – £1 RRO Award” and a justice scale icon, referencing a UK Upper Tribunal housing law appeal decision.

Wilson v Campbell [2019] UKUT 363 (LC)

—

by

Luigi Garuzzi
in

“Disclaimer:Tenant Support UK is not a law firm and does not provide regulated legal advice. All content on this website is for general informational purposes only, based on publicly available legal guidance and personal experience. If you need legal advice tailored to your situation, please consult a qualified solicitor or a trusted housing advice service.“

Court: Upper Tribunal (Lands Chamber)
Date: 2019
Topic: Rent Repayment Order (RRO) – Discretion and Tenant Conduct

Background:

Ms. Wilson rented a room from Mr. Campbell between March 2017 and July 2018. She applied for an RRO, asserting that the property was an unlicensed House in Multiple Occupation (HMO) during her tenancy. Mr. Campbell had accepted a caution for operating an unlicensed HMO in August 2018, and the property was subsequently licensed in October 2018.​

Despite these facts, the First-tier Tribunal (FTT) awarded Ms. Wilson only £1, suggesting that she had been “less than forthright” by not disclosing her employment as a Senior Environmental Health Technician. The FTT inferred that she was aware of the licensing requirements and chose to remain in the property to later claim an RRO. This decision was made without a hearing, based solely on written submissions.

Tribunal Decision:

The First-tier Tribunal had originally awarded a reduced RRO.
On appeal, the Upper Tribunal confirmed this and reduced the award to just £1.

Rehearing Outcome

Upon rehearing, the FTT awarded Ms. Wilson approximately £3,200, representing the full rent paid during the relevant period, minus utilities. The tribunal found her oral evidence convincing and rejected the notion that her knowledge of housing law precluded her from receiving an RRO. The tribunal affirmed that knowledge of licensing requirements does not amount to tenant misconduct under Section 44(3) of the Housing and Planning Act 2016.

Links:

Wilson v Campbell [2019] UKUT 363 (LC)

Apply for a Rent Repayment Order (RRO1)

Help With Fees

The Toolbox: 9 Ways to Fight Back Without Moving to Mars

  1. Shelter England – england.shelter.org.uk — 0808 800 4444.
  2. Citizens Advice Redditch & Bromsgrove – citizensadviceredditch.org.uk.
  3. TSUK Letters Templates – TenantSupportUK.com
  4. ACORN Community Union – acorntheunion.org.uk.
  5. Generation Rent – generationrent.org.
  6. Renters Reform Coalition – rentersreformcoalition.co.uk.
  7. Housing Ombudsman Service – housing-ombudsman.org.uk.
  8. Redditch Borough Council Housing Solutions – redditchbc.gov.uk/housing or call 01527 587 000.
  9. Tenancy Deposit Schemes – depositprotection.com (DPS) • tenancydepositscheme (TDS) • mydeposits.co.uk (MyDeposits)

Tenant Support UK

Comments

Please, leave your comment here