Landlord Licensing & Defence, has issued a warning to landlords about the dangers of selective licensing schemes that are being implemented by many local authorities across the UK.
Selective licensing schemes are intended to improve the standards and management of private rented properties in areas with low housing demand or high levels of antisocial behaviour.
However, the Landlord Licensing & Defence argues that these schemes are ineffective, unjustified and costly for landlords, who face the risk of criminal prosecution for breaching licence conditions that are often unreasonable and beyond their control.
Des Taylor (pictured), a director of Landlord Licensing & Defence, said: “Despite the Renters (Reform) Bill introducing a landlord portal and the suggestion that there would no longer be a need for selective licensing, this appears to be ignored by Parliament and by the tenant lobbying organisations along with the environmental health officers who carry out housing enforcement under the Housing Act 2004.
“It looks like licensing is here to stay and more and more licensing is coming about with new selective licensing schemes coming into city areas outside London, including the recently and most publicised Birmingham City Council and Nottingham City Council schemes.”
He added: “There is no evidence that a licensing scheme ever achieves the outcomes promised at the time of the proposal and furthermore it is not understood why the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, continues to support those schemes where the local housing authority wishes to apply the selective licensing scheme in more than 20% of its geographical area.
“There does not appear to be any justification most of the time and some are abandoned, some are renewed yet little, or nothing is achieved by the schemes.
“Most of the time it is more revenue for the council in licensing fees and the ability to enforce under a breach of licence conditions.”
Taylor also explained that licensing conditions often carry the risk of double jeopardy enforcement and of possible entrapment because it is beyond the power of the landlord to control some of their responsibilities such as a tenant’s antisocial behaviour outside the premises.
He said: “This may seem unbelievable and there are cases currently being defended where tenants have confessed to damaging the property and not permitting access, yet the landlord and agent are being enforced against under licence conditions.
“Many landlords and agents do not realise how important it is to comply with them.”
He advised landlords who are applying for licences for the first time, or who already have licences to check them and read the conditions carefully and ensure that they are compliant with it.
Taylor explained: “That Notice of Intent to Grant a Licence is one of the most important documents a landlord will ever receive in the process yet is often taken as a fait accompli.
“You legally have the opportunity to make representations in a minimum of 14 days and it is vital if you disagree with any of the conditions that you must make representations.”
He continued: “Licence conditions are one of those things that many people think they have to accept as presented and not realising that once you have accepted all the conditions on that licence, that not complying with them is a criminal offence.
“If you have a managing agent and they do not comply you are both culpable, because you agreed to them, by not contesting them through representation.
“The local housing authority can now enforce against you as a criminal offence.”
Taylor concluded: “Landlord Licensing & Defence is seeing much more enforcement against licence conditions as landlords have unwittingly walked into the situation not realising how important they are.
“We are here to help landlords navigate the complex and confusing world of licensing and to defend them against unfair and unlawful enforcement actions.”
