Newcastle landlords are due a refund from Newcastle City Council following a landmark judgement in a housing case in Bristol.
A High Court judge decided a legal issue which had arisen in a case between Bristol City Council and DIGS (Bristol) Ltd about whether a maisonette at 12 John Street, Bristol used as a House in Multiple Occupation (HMO) was required to have a licence.
After considering the case, the Judge said: “Parliament had created a scheme which is complex and in part ambiguous.
“The lobby and landing associated with the private staircase from the ground floor to the upper maisonette at 12 John Street do not count as ‘storeys’.”
The dismissing of the appeal by the Judge means that the HMO in this case did not require a licence.
It is estimated that Newcastle City Council has licensed approximately 700 maisonette HMO properties at £1,100 per property and following the decision by the High Court judge, the landlords are entitled to their license fee money back.
Last November the NLA wrote to all the local authorities in England in relation to licensing, asking if the schemes that the council were running were proportional and equitable.
The NLA has now written to Newcastle City Council’s chief executive Pat Ritchie to find out what process the council is putting in place for refunds for landlords that have been forced to pay for a license which they do not need to have, how this will be put in place, and when refunds will be available?
NLA local representative Bruce Haagensen says: “We believe a healthy private rented sector working with tenants and the local authority can benefit the people of Newcastle. I look forward to working closely in the future with the council, but in needs to be open and fair.”
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