A group of 347 private landlords have won the first round of their battle to win a judicial review of a selective licensing scheme which was introduced by a council in March 2010.
Their application in the High Court was made under Part 3 of the Housing Act. They claimed that the authority, Hyndburn District Council in Accrington, Lancashire, had not consulted properly.
The case will be heard in Manchester on May 24.
The Housing Act makes provision for selective licensing of private rented accommodation.
If a housing authority designates part or all of its district for selective licensing, landlords with properties in those areas have to apply, and pay, for a licence before they can let out their properties and prove they are ‘fit and proper people’.
Local councils can also attach conditions to licences.
The landlords, with 1,326 properties affected and known collectively as the ‘Hyndburn Landlords’, were backed with legal help from the Residential Landlords Association.
The High Court rejected the council’s argument that the consortium of landlords had left it too late before objecting.
The solicitor acting for the Hyndburn Landlords, Rebecca Stanton, of JGT Solicitors and Advocates, said: “Whilst our clients are pleased to have won the right to judicial review, they are disappointed that the council was not able to come to the table to negotiate earlier.
“We understand the difficulties that the council face, particularly in view of the change in the political make-up, but we remain steadfast.
“It is also worth noting that this group of landlords has organised themselves quickly and efficiently and above all professionally – proof, if it were needed, that not all landlords are rogues, as some councils appear to think.”
Whilst local authorities are empowered to introduce selective licensing under the Act, the law also requires them to present a very strong case that such a move is necessary – to prevent, for example, anti-social behaviour or neighbourhood deterioration.
The Hyndburn case will be treated entirely on its own merits, but without doubt, other landlords and other local authorities will be watching it with interest.
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Comments
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Great move in the right direction.
In my opinion, licensing is all about demonising landlords and raising money for the councils.
If they want to help landlords who can't control their tenants, give the landlord more power to do things about them.
If the tenants behave badly, get the police to arrest them.
If landlords provide sub standard accomodation, they will get lower rents and more voids. That's the market talking!