Council secures landmark rent repayment order

Thurrock Council has secured what it believes is one of the first rent repayment orders made under the Housing and Planning Act 2016.

The case arose when landlord Tobe Ayandare was fined for failing to comply with an improvement notice under the Housing Act 2004, following a complaint by the occupier about the condition of a home in South Ockendon.

Thurrock officers found 10 health and safety hazards, including rotten and insecure window frames and doors, an untested and leaking boiler and rodent infestation.

After the prosecution the council sought to recover the housing benefit paid to Mr Ayandare during the 10 weeks when he failed to comply with the improvement notice.

The rent repayment order £1,071.12 was made at the Eastern Residential Property First Tier Tribunal.

Barry Johnson, portfolio holder for housing, said: “This is a landmark case for the council. I am delighted that not only have we been able to prosecute and ensure the necessary improvement works are carried out at the landlord's expense, but also to recover rent for the very first time.”

Last March, Mr Ayandare was fined £9,000, while management agent Cephas Homes was fined £2,000 and its directors Boianie Idowu and Olumide Idowu were each fined £5,000 for failing to comply with an improvement notice under the Housing Act 2004. They were also ordered to pay costs and a victim surcharge.

Having failed to make the necessary improvements to the property, the council paid for these and will recover the costs from Mr Ayandare as a local land charge. Cephas Homes no longer manages the property.