Landlords threaten council with legal action over selective licensing plans

The Residential Landlords Association (RLA) has threatened Great Yarmouth Borough Council with a judicial review challenge over the local authority’s selective licensing plans.

Great Yarmouth has proposed bringing rented homes in parts of the Nelson electoral ward into the scope of selective licensing.

The RLA claims, however, that one of the conditions set to be imposed as part of the scheme is unlawful. It said it had written to the council “asking for urgent clarification”.

At issue is Great Yarmouth’s plans to make it compulsory for landlords affected to join a ‘landlord support service’ run by a third-party delivery partner.

“While some councils do legitimately use delivery partners to administer and enforce schemes – notably in Doncaster and West Lindsey – these do not require landlords to become members of the partner organisation as a pre-condition of licensing,” the RLA said.

It argued that the council had no power to impose such a condition – something it had pointed out in its official response to the licensing consultation earlier this year.

“In fact, the association believes existing rules do not even allow councils to ask whether landlords are members of such organisations,” the RLA added.

RLA policy director David Smith said: “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.”

Under the current plans the new licensing scheme is due to be introduced 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.

The scheme is 20% more expensive via the delivery partner, as VAT is payable, the RLA claimed.

Great Yarmouth has been approached for comment.