A judicial review called to by landlord constantinos regas, challenging Enfield borough councils planned selective licensing scheme, has been upheld, blocking the councils plan to roll out licensing in April 2015. The national landlord association welcomed the news slamming the councils approach as “blasé”.
Enfield’s licensing scheme would require landlords to hold a £500 5 year licence for every property they owned in the borough. Failure to hold a licence in Enfield would have carried a fine of up to £20,000 for each unlicensed property and a criminal record, with any breach of licence conditions carrying a £6000 fine.
It was found that Enfield council had failed to consult the people who should have been consulted and did not consult for the required time. The judge also refused Enfield permission to appeal the decision.
The council have now been found to have been acting unlawfully.
The Defendant stated “The council’s cabinet and senior officers have demised tenant, defiled democracy and disgraced themselves. They threw good money after bad in defending this case, despite me putting them on notice in June that they were not acting properly. The citizens of Enfield should welcome the resignations of the entire cabinet and senior officers”
David Lawrenson, bestselling author of “successful property letting” has also joined those concerned about use of selective licensing schemes. He commented “it seems that London’s councils are falling over themselves to get their sledgehammers out and bring in licensing for all landlords in their boroughs. But the fact is that finding and then prosecuting rogue landlords takes lots of council time and money, only for the criminal landlord to walk off with a puny fine. What would be more sensible would be for the government to implement much harsher penalties for offences under existing housing law – and let the councils keep the money from the fines”
Croydon council is one of the first councils to respond to the court decision. In light of the successful challenge in Enfield on the methodology for a selective licensing scheme, Croydon has extended the deadline for the consultation on proposals for the implementation of a scheme.
