Landlord power has won the day in the courts of justice.
The group of 347 landlords who took on Hyndburn District Council in Lancashire have successfully had an order designating an area for selective licensing quashed.
The Hyndburn Landlords won a judicial review after the selective licensing scheme was introduced in March 2010.
Last week, Mr Justice McCombe handed down his judgment in which he accepted the submissions of barrister Jonathan Manning on behalf of the claimants.
He held that the council had failed to consult, had not followed the relevant guidance and had made misrepresentions to the Secretary of State. He therefore held that the decision to designate an area for selective licensing and the resulting designation were both unlawful.
The solicitor acting for the Hyndburn Landlords, Rebecca Stanton of JGT Solicitors and Advocates, said: “Our clients are clearly delighted with the outcome.
“Whilst selective licensing may have its place in dealing with issues of low demand within the council’s district, Hyndburn landlords have established that landlords and indeed others affected by the proposed designation must have sufficient information provided to them, to allow for intelligent and meaningful discussions to take place during consultation.
“To canvass opinions on the general principles of selective licensing is simply not enough.
“It is unfortunate that money from the public purse has been spent by the council on a fatally flawed scheme and increased when the council refused to voluntarily withdraw the scheme and re-consult on the designation area when my clients first approached them with their concerns.
“I praise the members of the Hyndburn Landlords for their hard work and dedication during the course of these lengthy proceedings and in the significant negotiations that took place before the proceedings. It is abundantly clear that each and every one of them is committed to their tenants and the services they provide to them.
“They will now hopefully remain as the collective voice for landlords in the Hyndburn district.”
The Housing Act makes provision for selective licensing of private rented accommodation, but councils have to make a robust case for it – for example, anti-social behaviour by tenants, over-crowding, run-down properties, neglectful landlords, could be reasons cited.
In areas of selective licensing, landlords must pay to be licensed and obey any conditions attached to the license.
The Hyndburn Landlords had 1,326 properties between them which were affected.
While the Hyndburn case was treated on its own merits, it will have acted as a warning to other local authorities not to introduce selective licensing without proper consultation to see whether it really is the way forward.
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