The Residential Landlords Association (RLA) has threatened Great Yarmouth Borough Council with a judicial review over ‘unlawful’ licensing plan because it has serious concerns over its selective licensing plans.
The local authority plans to bring rented homes in parts of the Nelson electoral ward into the scope of selective licensing, with fees set at more than £500 per property for the five-year licensing period, plus a monthly fee of £9.50 to be paid to the landlord support scheme.
But the RLA believes one of the conditions set to be imposed as part of the scheme is unlawful and has written to the council asking for urgent clarification.
Great Yarmouth Borough Council’s proposal to make it compulsory for landlords affected to join a ‘landlord support service’ run by a third-party delivery partner is potentially unlawful, according to RLA.
Some councils’, such as Doncaster and West Lindsey, use delivery partners to administer and enforce schemes, but these do not require landlords to become members of the partner organisation as a pre-condition of licensing, and the RLA believes the council has no power to impose such a condition
RLA policy director David Smith said: “We are asking for immediate clarification on the council’s position.
“If our understanding is correct we want the council to reconsider this aspect of the scheme and come up with a lawful alternative.
“If it will not we will move ahead and issue a claim for a judicial review on this basis.”