Residential Landlords Association challenge Nottingham Selective Licensing Conditions
The Nottingham Selective Licensing Scheme will come into effect on 1st August 2018 and the council still has not confirmed exactly what Selective Licensing Conditions will be attached to the licence.
The Secretary of State has confirmed the designation so that is final and the date can-not be changed.
Currently there are 38 draft conditions written and published on their website but these are being challenged by a number of landlords and associations.
In the latest move by the RLA the council received what can only be described as the strongest hint yet of legal action.
“In any event, as stated above, the Council does not have the power to impose conditions in a selective licence that regulate the condition of the property. This was confirmed in Brown v Hyndburn discussed above and is reinforced by the fact that Part 1 of the Housing Act contains a comprehensive system for local authorities to deal with property condition and hazards”
We are weeks away from when the Council plan to open the portal for landlords to apply. They plan to open on 1st July 2018. They require all 32,000 applications to be submitted within the implementation date of the scheme on 1st August 2018.
With many landlords across Nottingham confused about what is required, the RLA have insisted that the council make the conditions clearer and have asked for a number of conditions to be made clearer or removed.
In particular the RLA make it clear
“Failure to comply with licence conditions has serious consequences for the landlord. Breach of licence condition is a criminal offence and the landlord could be prosecuted or liable to a civil penalty of up to £30,000. Breach of licence condition is also a banning order offence and a landlord convicted of such an offence may be placed on the rogue landlord database. Given these sanctions it is important that landlords are not subject to conditions that are unlawful or are too vague for landlords to understand what is required of them.”
Download the full letter here >> https://news.rla.org.uk/wp-content/uploads/2018/05/Nottingham-letter-.pdf