Selective Licensing - Hyndburn Council Update

A massive victory in Hyndburn today for Mr Paul Brown has caused chaos for councils running selective licensing. Multiple conditions of the Hyndburn Selective Licensing scheme (also copied by other councils) have been ruled out or had their wording changed by the Residential Property Tribunal sitting in Manchester.

This sets a new precedent for the UK and changes private rental licensing operations in other boroughs such as Newham, Waltham Forest, Enfield & Croydon- no appeal has been lodged by Hyndburn.

It is not known how many councils proposing schemes will now abandon their attempts to bring in selective licensing given this outcome. The likely outcome for schemes already underway means council's will have to return fees to Landlords as they're not entitled to charge more than is necessary under the Hemmings v Westminster judgement, that is if they wish to carry on. It may cause schemes to be abandoned altogether as they won't be able to meet the objectives of reducing Anti-Social Behaviour upon which most schemes were based upon in the first place.

The decision against Hyndburn also means more local taxpayers money has been lost trying to impose licensing onto private landlords. Hyndburn had to pay the costs of the Judicial Review Mr Brown (and others) won previously in 2010 - this case cost the council well over £100,000 at the time.


It is unknown if any private landlords have been fined under the conditions that have now been changed and or what ramifications this will have. Clearly any landlord who was fined for having breached conditions that are now ruled out could have a case to counter-claim.

Paul Brown (the applicant) said "Licensing is not about property conditions and the council (now) can't enforce these following on from this ruling"


The judgements are available on PDF if you want a copy please email slcampaign@twinpier.co.uk

Enfield - Update

An Unnamed housing law expert said (the) Enfield selective licensing draft conditons are badly drafted & unenforceable in current form and commented that local authorities often aren't any good at (drafting) these things - they went on to say that this current draft didnt require landlords to put their tenants under surveillance. It is unknown if Enfield are to proceed with the draft unamended but these comments clearly show one major council is failing to develop any meaningful change to the private rented sector in their borough.

Private Landlords don't get caught out, join the Selective Licensing campaign here

Sheffield - Selective Licensing opposition

Large opposition to selective licensing scheme.

The majority of landlords who responded to a consultation objected to the plan.
A report put to the council's cabinet said the aim of the scheme was to improve standards of private rented housing by ensuring landlords complied with regulations and reduce anti-social behaviour by preventing overcrowding.
The report said the quality of housing in Page Hall was "generally poorer" than in other areas of Sheffield and that some landlords were letting properties "irresponsibly".

The council said 66% of residents who responded to a consultation were in favour of the proposals, while 75% of landlords were opposed to it.

Private Landlords don't get caught out, join the Selective Licensing campaign here

source BBC: here

What Enfield Council didn’t want the public to know

What Enfield Council didn’t want the public to know

A blogging website Looseminute has obtained a document which shows that the report used by Enfield Council to support the arguement for selective licensing (produced by) Professor Les Mayhew gave rise to misleading conclusions, despite heavy caveats. The letter from Sally McTernan, the council’s assistant director for community housing services, is addressed to a local resident who raised questions about the statistical report.  This document is disclosed here, in the public interest [pdf, redactions, highlighting and notes in red are the bloggers;]
 
"We can leave it to the consciences of Mayhew and council staff as to why this analysis was omitted from the report." says Looseminute

read more: here

Private Landlords don't get caught out, join the Selective Licensing campaign here

Selective Licensing - Leeds

Selective Licensing in Cross Green and East End Park

Leeds introduced selective licensing of privately rented properties in Cross Green and East End Park in October 2009. The aim of the scheme is to improve living conditions for residents and the surrounding community.
In the selective licensing area all private landlords must have a licence in order to let their properties. To date, they have issued over 500 licences. Landlords and managers who operate privately rented properties in the area and do not have a licence will be committing an offence and can be fined up to £20,000. The scheme works alongside existing action on homelessness, regeneration and anti-social behaviour to promote good property management. Leeds aim to reduce the number of empty properties in the area through working with partners and enforcement action where needed. They are also promising to help those with empty property find tenants.

Private Landlords don't get caught out, join the Selective Licensing campaign here

source: here

Selective Licensing Local Government Committee’s inquiry

Sections 79, 80 and 81 of the Housing Act 2004

The Communities and Local Government Committee’s inquiry into the private rented sector (2012-13) considered the operation of selective licensing and recommended that the Government should bring forward proposals for a reformed approach. In the February 2014 consultation paper, Review of Property Conditions in the Private Rented Sector, the Government criticises borough-wide licensing schemes and expresses a preference for voluntary accreditation. The deadline for responses to the consultation exercise was 28 March 2014.

Download and read the full govt report here

Private Landlords don't get caught out, join the Selective Licensing campaign here

Selective Licensing - Waltham Forest

The council carried out and completed the consultation process on its proposal to introduce a scheme for the licensing of privately rented properties in the Borough on 24 January 2014. Over 1,534 responses were received, together with written comments.
An update report was presented to Council Cabinet Committee meeting on 18 March 2014 . A further report was presented to Council Cabinet on 24 June 2014 which approved the decision to designate the whole borough as a Selective Licensing Area.

Source:Waltham Council

What will Selective Licensing achieve?

The most important issue for us is to reduce levels of antisocial behaviour and make Waltham Forest a safer place for residents and businesses in the area. The main areas we want to focus on are antisocial behaviour such as playing loud music and using homes for illegal activities, and contraventions such as sub-standard conversions of homes. However, we also want to use licensing to drive up management standards generally for all private rented properties in the borough. Our studies have shown that many tenants renting in the private sector are having to endure some of the worst tenancy conditions in the borough, such as serious overcrowding and unsafe homes.
Requiring every landlord or managing agent to apply for a licence will help us to identify all of the properties that are rented out privately. This will give us the opportunity to inspect the properties to assess fitness and speak to landlords and tenants about their obligations.

Why does the Council want to introduce Selective Licensing for the whole borough and not just selected areas?

We have found links between antisocial behaviour and privately rented homes in these areas and so feel it is appropriate to introduce Selective Licensing on a borough-wide basis. We also want to do everything we can to ensure that all residents in the borough who are affected by problems caused by landlords not taking their responsibilities seriously have the opportunity to benefit from any improvement measures that we take.


Private Landlords don't get caught out, join the Selective Licensing campaign here

Selective Licensing Campaign

Selective Licensing designated area in Sheffield

What is Selective Licensing?

Selective licensing is a regulatory tool provided by s.80 of the Housing Act 2004 it allows local authorities to designate areas which have either significant anti-social behaviour (ASB) and/or low housing demand.

Why should i be worried?

Some high street lenders are refusing to lend on properties in designated areas, this will reduce finance options for buy-to-let landlords.
A few areas have implemented it and others are beginning to, it could be coming to your borough very soon, most landlords didnt even know it was happening such is the low key publicity to the schemes. Landlords we have spoken to have already taken a caution and been fined for late registration, ignorance is no defence!
There is a cost (naturally), licensing fees range from £500 - £800 per property some areas have an early bird discount, but being late in obtaining a license can result in criminal proceedings being made against you.
Selective licensing (amongst other things) places statutory requirements on private landlords to deal with anti social behaviour caused by their tenants. It is expected that landlords will undertake risk assessments and implement an ASB plan, at their own cost, to deal with the risks identified. Fines for failure are up to £20,000 and can include custodial sentences and a criminal record.
ASB if you didn't know ranges from arson, prostitution, domestic violence to dropping litter & barking dogs - are you as a private landlord really able to tackle & prevent serious criminal issues? Failure to tackle these issues will mean you are in breach of your licensing conditions and can result in a fine or criminal record .
Councils can impose different terms for each scheme they operate, in theory there is no limit to the number of conditions they can impose in any given scheme. Councils are free to modify the conditions at anytime without further consultation. One council is for example, banning trade vehicles from private tenanted property, this means if your tenant drives a van to work you will have to give them notice or face a fine for renting to them. This condition extends to the personal visitors (friends & family) a tenant might have who also happen to drive trade vehicles. Another council has a condtion that all equipment manuals (e.g. boiler, shower,fridge, hob etc) are transcribed into the spoken (1st) language of the tenant - this will be done at your cost of course, again failure to do so results in a fine. Councils also want proof that you have £1000.00 on deposit for each property you own, again failure to do so means a fine.

This is an example of what you'd be expected to do prior to renting out a property in Blackpool.

A reference is obtained from the previous landlord, where a previous tenancy has been held. This reference is verified by contacting the landlord in all cases.

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Where no previous tenancy has been held, prospective tenants will be required to supply details of any previous addresses they have lived at in the last twelve months.

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Proof of identity. Two forms of proof are required, one of which must relate to the tenant’s previous address e.g. a utility bill, picture driving licence, official letter etc.

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A review of open source information is undertaken (internet) to include, but not limited to, Google and social networking sites.

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A personal interview is undertaken to cover tenants financial/employment status and any

issues likely to impact on their tenancy e.g. Drug/alcohol dependency or criminal convictions/ history.

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Where the above checks raise concerns, the landlord may request the tenant to supply a disclosure and barring check.

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Where prospective tenants refuse to cooperate in the pre-tenancy process then no tenancy will be offered.

If you're not worried about having to Google search your tenants and check the kind of vehicle they drive or sit outside the property on a Friday night to see if they're making any noise then you can stop reading.....likewise if you're not concerned that flawed consultations and inadequate evidence have been rubber stamped by council committees to push through licensing then just  stop reading.........if you are then read on!

So what can i do about it?

Stand up and be counted! - this campaign aims to present the issues in front of the Dept of Communities and Local Government select committee by the Autumn of 2014 We are looking for private landlords and interested parties to join in with lobbying and evidence gathering. We want to hear your experiences of the schemes and your thoughts, it is high time licensing schemes along with unworkable conditions were put under the spotlight by government - lets pull together to stop the spread of unaccountable and unworkable selective licensing schemes.
We further propose to get legal opinion on the issues surrounding landlords fulfilling their new licensing duties and the tenants right to quiet peaceful enjoyment of the rented property without being investigated and or having reports compiled by their landlords for the council.
To get involved and recieve the Selective Licensing Campaign newsletter please use the following feedback form - we shall be in touch. Note all info & details sent will be treated in the utmost confidence and will not be shared with third parties.

Contact the Campaign here

notes: The campaign is headed by a group of landlords who, for fear of being singled out by their local authorities wish to remain nameless. Twinpier Publishing Ltd - advise private landlords and business clients who are concerned by the effect selective licensing has on their business - the campaign spokesperson is Chris Wright who can be contacted here.

Selective Licensing - Blackpool

Blackpool licensing.

Selective licensing was introduced in the southern area of the town known as South Beach in March 2012.
On the 27 January 2014 the council designated the Claremont ward area for both selective and additional licensing schemes. This has become effective since April 27 2014. More information about the Claremont scheme are available below.

Private Landlords don't get caught out, join the Selective Licensing campaign here

source documents:

1. Drafting anti-social behaviour plans - guidance for landlords [PDF 27kb]
2. Example anti-social behaviour plan [PDF 75kb]