Selective License and DBS check?

Selective License and DBS check?

0:04 AM, 24th August 2023, About A year ago 7

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Hello, I am having to get a DBS (Disclosure and Barring Service, I’m not sure of all the abbreviations for lettings etc.,) for my Selective License. I emailed the council, asking what the point was, and if I had a criminal record, that doesn’t stop me from owning a house and renting it out.

The reply was “Fit and Proper” means morally suitable in terms of integrity, honesty and reputation and without convictions, and that I should read Fit and Proper criteria prior to making an application.

I am a bit confused, why do I need this DBS, if I had a conviction, it doesn’t stop me owning a property, and then if I had a conviction do I still make an application?

The Council has me baffled.

By the way…I do not have a conviction and I contacted the Gov. regarding the License, to be told that they do not require one for rented property, but perhaps I should just go along with the Council.

This DBS might be simple to some, but I had not heard of it, and didn’t understand some abbreviations.

I made an appointment and went to the Council Office, who filled in the form, and since then have sent email after email wanting more information…pointless going.

Does anyone know what I can do?

Margaret


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Reluctant Landlord

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8:39 AM, 24th August 2023, About A year ago

The councils are making the SL requirements up as they go along. I have to apply for them too but there are no requirements for a DBS.

I would find out who the Housing Director is and write to them directly asking them to fully explain this to you, on what basis they have made this decision with reference to any supporting legislation/other they are evidencing this on.
Copy in your MP too.

Mick Roberts

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9:55 AM, 24th August 2023, About A year ago

I think Nottingham dropped it after a bit. See if you can look into this, not sure if there was some ruling where they couldn't ask for it.

They hated it when mine came back clear. They really believed I would have some serious criminal record considering the amount of hassle & backlash I gave them.

Markella Mikkelsen

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9:58 AM, 24th August 2023, About A year ago

I had to do a DBS (Manchester City Council). It's a pointless exercise, but the cost for a DBS was £17 and took 10 min to complete online. Far better use of my time and money than arguing with some petty and idiotc council worker.

I was once told "Choose the battles you fight" and this one is just simply not worth fighting.

Judith Wordsworth

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10:45 AM, 24th August 2023, About A year ago

A DBS is only as good as on the day it is certified just liek a car's MOT
Is the LA asking for you to have the paid for annual auto update service too?

NewYorkie

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11:58 AM, 24th August 2023, About A year ago

What happens if you did have a conviction e.g. driving? Will they force you to sell up, resulting in even less rental accommodation?

Mick Roberts

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12:02 PM, 24th August 2023, About A year ago

Reply to the comment left by NewYorkie at 24/08/2023 - 11:58
Exactly what I said. So someone is a criminal, can they not rent out any more?
What happens to the tenants?
Their answer was Letting Agents can apply for License. However at the time, Letting Agents wouldn't apply for License in their own name as they didn't want the risk.

Another daft rule, can't have a License if live overseas.
I know many overseas Landlords/Landlady's that had to sell with good tenants of 7 years as Licensing just forced their hands.

I had several banters with Licensing that I am oveseas right now living here, what are you going to do about it? Nothing happened. As they knew I wanted to sell my houses.

Jessie Jones

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21:23 PM, 26th August 2023, About A year ago

It's a dangerous area for the Council to become involved in. If I pinched a bottom during a Christmas party in 1975, would that make me an unfit person to be a landlord? Who makes this decision? Who is going to be responsible for re-housing my tenant if they refuse a licence?
Until our exit from the EU, landlords had considerable protection under the EU Charter of Fundamental Rights; Article 15 - Freedom to choose an occupation and right to engage in work. This would have made it nigh on impossible for a council to have rejected a licence on the 'fit and proper' test alone. However, this is one Charter that has not been carried over since our exodus from the EU, and I am unaware of any replacement protection. This might change councils' approach.

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