City council fends off legal challenge to HMO licensing scheme

A city council has successfully fended off legal action over its licensing regime for houses in multiple occupation (HMOs).

The Southern Landlord Association had applied for judicial review of Southampton’s scheme, which was launched on 1 July 2013 and covers around 4,500 HMOs in the Bargate, Bevois, Portswood and Swaythling areas of the city.

Southampton will consider extending the scheme to all 7,000 HMOs in the city if the current arrangements are successful and need is demonstrated.

A judge last week dismissed the SLA’s application for a judicial review. The council said it would be seeking to recoup “as much of its legal costs from the legal challenge as possible”.

Southampton decided to implement the scheme in July, despite the threat of legal action, after receiving independent legal advice that the new regime was sound.

Cllr Warwick Payne, Southampton City Council`s Cabinet Member for Housing and Sustainability, said: “It was disappointing that the SLA launched a legal challenge when everything was done to take account of landlords’ concerns. It has proved to be a waste of time and money for everyone involved. 


“I’m delighted that the council’s HMO scheme has been vindicated and this is far more a victory for tenants’ safety and the residents who have called for action on HMOs than it is for the council.”

Cllr Payne added: “If the HMO licensing scheme saves just one life through improved fire safety, then it will have been worth it, and licensing should provide a host of other benefits besides.”

Southampton warned landlords in the affected area that they should apply for a licence to avoid possible prosecution and payment of a penalty fee after 1 January 2014. The council said it had already received 1,000 applications.