Council’s selective licensing scheme slammed by tribunal

Council’s selective licensing scheme slammed by tribunal

11:34 AM, 11th April 2023, About 2 years ago 24

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A council’s selective licensing scheme has been criticised by a First-tier Tribunal (FTT) for covering a wide area rather than focusing on areas with rogue landlords and anti-social behaviour.

The comments come in a Rent Repayment Order (RRO) decision after a case was brought by Justice for Tenants to support a claim by a tenant couple.

They had applied for a RRO for £12,946 after discovering that their rented home in Nottingham did not have a licence.

In its decision, the FTT reduced the claim by 90% because of mitigating circumstances so the couple will receive £774.59 and costs of £300.

‘Nottingham City Council appears to have imposed a selective licensing regime’

But the tribunal’s verdict also slams the council and it said: “We are also concerned that Nottingham City Council appears to have imposed a selective licensing regime over a substantial part of its area rather than targeting particular areas where problems of poor housing, anti-social behaviour etc. are found.

“We are concerned that local authorities adopting this approach may be tempted to regard the licensing regulations as being a regular source of income rather than dealing with the issues for which they were intended.”

‘The council has already got a bad name’

Well-known Nottingham landlord Mick Roberts told Property118: “The council has already got a bad name but now the authorities have started to take notice.

“The RRO Tribunal said Nottingham Council is seen as money making because its selective licensing scheme covers the whole city and not the deprived areas.

“I have many houses in these ‘deprived areas’ and when I’ve asked the Labour council to comment on this, they just say ‘It’s an area’.”

He added: “The council, in their infinite wisdom, thought they knew better when creating the selective licensing scheme but landlords with common sense know why these schemes are created.

“Not only do they make the rent more expensive for tenants, but many landlords also decide to sell which makes it more difficult for tenants to find a home.

“The council will not listen, but the tribunal has seen Nottingham’s selective licensing scheme for what it is.”

‘We were surprised to see these comments made at this tribunal’

A Nottingham City Council spokesperson said: “We were surprised to see these comments made at this tribunal, given that the rules around Selective Licensing schemes are clear and long-standing.

“Firstly, we had to make an evidence-driven case to Government which was firmly based on the legislation and guidance.

“This was approved by the Secretary of State to run in certain areas of Nottingham where there are poor property conditions, significant and persistent anti-social behaviour and crime, or high levels of deprivation.”

The spokesperson added: “Secondly, Selective Licensing is not income-generating – councils are not permitted to make a profit.

“Licence fees solely cover the costs of setting up, operating and delivering the scheme in the city.”


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Mick Roberts

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5:47 AM, 9th August 2023, About A year ago

Reply to the comment left by Crouchender at 08/08/2023 - 17:22
Yes,

I've just had to do some reports for the opposition to take to Govt on the same. Too late now though, but what we do today may finally get all this stuff stopped which is making houses unaffordable for tenants.

NCC are Shambolic

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6:22 AM, 9th August 2023, About A year ago

Reply to the comment left by Crouchender at 08/08/2023 - 17:22
As in Gove who apparently fast-tracked Michelle Mone's £200million PPE supply contract through "from her team in Hong Kong" through her UK company that at the time of the bid getting promoted in Westminster didn't actually exist.

Ms. Mone is now a Dame and her and her hubby are now multi millionaires.

That Gove?

Crouchender

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6:41 AM, 9th August 2023, About A year ago

Reply to the comment left by NCC are Shambolic at 09/08/2023 - 06:22
I was involved in one of the qualitative research session for this report about PRS. What this highlights is massive drop in 'sharer' bedroom flats/ house. Mainly as a result of OTT licensing requirements.

I sold a 4 bed HMO 4 years ago for this very reason. It was sold to owner occupier of only 2 people so effectively net loss of 2 bedrooms have been lost from PRS. i.e. Supply of low cost HMO accommodation is going down.

This research was done on behalf of all the London councils. It won't be pleasant reading for them BUT they are short term thinkers so need to squeeze LLs as we are their cash cows and they want rid of S21 so their legal obligation to re house for evictions is effectively abolished.

http://www.londonpropertylicensing.co.uk/sharp-fall-private-rental-listings-means-london%E2%80%99s-housing-pressures-going-%E2%80%98bad-disastrous%E2%80%99

Mick Roberts

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7:09 AM, 9th August 2023, About A year ago

Reply to the comment left by Crouchender at 09/08/2023 - 06:41
Yes these reports & research etc., these Housing Councillors & MP's & public ought to take note. That's part of what I've just been involved in. Every thing Govt & Council officials have done since 2015 has made housing more expensive & illusive for tenants. Had the opposite effect of what the authorities desired. And they should be seeing us Private Landlords as the solution & not the problem.

You say it brilliantly OTT Licensing requirements. Why is it my fault if tenant doesn't cut garden? My fault if tenant has rubbish on her garden? My job to give tenant bin day pack? They responsible enough for Govt to pay em the UC rent money, but not responsible enough to put the bin out?

Great report & words your link.

Every time Khan talks, he makes another 100 homeless.

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