Mathew McDermott and Robert Winspear have been successful for the landlord in the Court of Appeal, in an important case about the quantum of Rent Repayment Orders

The Court of Appeal has this morning handed down judgment in Kowalek v Hassanein Ltd, dismissing the tenants’ appeal from the Upper Tribunal.  Important headlines for practitioners are:

• The maximum amount of an RRO cannot include rent which was paid (rather than accrued) at a time when the licensing offence was not being committed (para. 26).
• The tenant’s rent arrears may be taken into account, when determining the amount of an RRO (para. 33).

You can view the Court of Appeal judgment here.

42BR Barristers’s Mathew McDermott and Robert Winspear acted for the successful landlord, instructed by Paul Rogers of Benchmark Solicitors LLP

25th Jul 2022

Mathew McDermott

Call 2008

Robert Winspear

Call 2019