Landlords warned of selective licensing 'double jeopardy' by legal expert

A leading provider of legal services and advice for landlords has issued a warning about the dangers of selective licensing schemes that are being implemented by many local authorities across the UK.

Selective licensing is intended to improve the standards and management of private rented properties, but Landlord Licensing & Defence argues that these schemes are ineffective, unjustified and costly for landlords.

That's because landlords face the risk of criminal prosecution for breaching licence conditions that are often unreasonable and beyond their control.

'Would no longer be a need for selective licensing'

Des Taylor, a director of the firm, said: "Despite the Renters (Reform) Bill introducing a landlord portal and the suggestion that there would no longer be a need for selective licensing, this appears to be ignored by Parliament and by the tenant lobbying organisations along with the environmental health officers who carry out housing enforcement under the Housing Act 2004.

"It looks like licensing is here to stay and more and more licensing is coming about with new selective licensing schemes coming into city areas outside London, including the recently and most publicised Birmingham City Council and Nottingham City Council schemes."

He added: "There is no evidence that a licensing scheme ever achieves the outcomes promised at the time of the proposal and furthermore it is not understood why the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, continues to support those schemes where the local housing authority wishes to apply the selective licensing scheme in more than 20% of its geographical area."

Doesn't appear to be any justification for many schemes

Mr Taylor also says that there doesn't appear to be any justification for many schemes, and some are abandoned and others are renewed - but 'very little is achieved by the schemes'.

He adds: "Most of the time it is more revenue for the council in licensing fees and the ability to enforce under a breach of licence conditions."

Mr Taylor also explains that licensing conditions often carry the risk of double jeopardy enforcement and of possible entrapment because it is beyond the power of the landlord to control some of their responsibilities such as a tenant's antisocial behaviour outside the property.

'Tenants have confessed to damaging the property'

Mr Taylor says: "This may seem unbelievable and there are cases currently being defended where tenants have confessed to damaging the property and not permitting access, yet the landlord and agent are being enforced against under licence conditions.

"Many landlords and agents do not realise how important it is to comply with them."

He advised landlords who are applying for licences for the first time, or who already have licences to check them and read the conditions carefully and ensure that they are compliant with it.

'One of the most important documents a landlord will ever receive'

Mr Taylor said: "That Notice of Intent to Grant a Licence is one of the most important documents a landlord will ever receive in the process yet is often taken as a fait accompli."

He advises that landlords can make representations within 14 days - a crucial move if a landlord disagrees with any of the stated conditions.

Mr Taylor says: "Licence conditions are one of those things that many people think they have to accept as presented and not realising that once you have accepted all the conditions on that licence, that not complying with them is a criminal offence.

"If you have a managing agent and they do not comply you are both culpable, because you agreed to them, by not contesting them through representation.

"The local housing authority can now enforce against you as a criminal offence."

'Landlords can be held accountable for their tenant's behaviour'

Simon Thompson, the managing director of Accommodation for Students, said: "This is a timely reminder from Des that landlords can be held accountable for their tenant's behaviour - even though they won't have any idea of what is happening.

"The plan for a landlord portal as part of the Renters (Reform) Bill has also been exposed because the government are showing no enthusiasm to end selective licensing schemes."

He added: "Des also makes an important point about responding to the licence conditions so asking the licensing officer about examples of bad behaviour, for example, will be recorded.

"It also means that the council will have to explain what the condition is about and how it will be enforced.

"But the real risk for landlords facing a double jeopardy is that they can face a stiff fine for not complying with a licence condition when they had no knowledge there was a breach going on."

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