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Tenants’ rent repayment claim reduced as tribunal highlights both parties’ poor conduct

A landlord in Walthamstow has seen a hefty rent repayment order reduced after a tribunal considered the tenants’ substantial arrears of over £17,000. The First-tier Property Tribunal ruled that the tenants, who initially sought £16,850, were entitled to just £5,055 due to the circumstances surrounding the case.

Unlicensed property and tenant allegations
The dispute arose after tenants Anita and Yazmin Summan argued that landlord Gloria Nolte had failed to license the property on Sturge Avenue, Walthamstow. They cited a host of issues, including a mice infestation, a noisy boiler, and an electricity supply accessible by a neighbouring property.

The tenants also accused Nolte of shutting off their electricity, verbally abusing them regarding unpaid rent, and illegally evicting them in April 2024 by changing the locks while they were out.

Anita Summan described the situation as “horrible,” alleging verbal abuse from a neighbour who she believed was acting under Nolte’s instructions. Following these incidents, she withheld rent, claiming she needed to save for alternative accommodation.

Tribunal’s balanced ruling
While the tribunal acknowledged Nolte’s failure to license the property and suggested there had been an unlawful eviction, it also criticised the tenants for their own failings.

Judge Shepherd noted, “The substantial arrears incurred by the tenants demonstrate very poor conduct on their part. A tenancy is a contract that both sides are expected to comply with. Neither side behaved properly in this case.”

Although the tribunal recognised the landlord’s poor behaviour, including the alleged illegal eviction, it considered Nolte’s financial position. Attempts by the tenants’ solicitor to depict her as wealthy were dismissed, with the judge noting that her income was modest and much of her capital tied up in heavily mortgaged properties.

 

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