Head to head landlord vs. council's licensing scheme
2nd Oct 2014
As reported previously, an Enfield landlord is taking the council to court over their proposed licensing scheme.
Today 2nd October, the barristers for the two opposing sides appeared at Court 19 in the Strand's Royal Courts of Justice.
Richard Clayton QC represented Mr Constantinos Regas who has set up the "Campaign Against Landlord Licensing Enfield", to a crowded courtroom that had more than thirty landlords attending. Mr Clayton opened the proceedings to achieve a full judicial review of the compulsory licensing scheme that the council is intending to introduce.
Enfield Council's proposed scheme means that landlords will have to pay £500 per property for a five year licence.
In his opening speech to the presiding judge Mr Justice Ousley, Mr Clayton immediately branded the council's scheme as being "irrational" and that making it borough wide was "disproportionate" and in breach of European legislation.
The QC questioned the council's assumptions that the anti-social behaviour had increased solely to the growing private rented sector, which is why they feel it merits the implementation of such a scheme.
Mr Clayton informed the judge that "The council's reasoning process is gobbledygook," and that "They are lifting themselves up by their bootstraps.
"It is one thing to have a particular scheme targeted at a problem, it is quite another for the council to produce a borough-wide scheme based on evidence that does not support it. It is not proportionate."
He also informed the court that as compulsory licensing was not "the least restrictive option" and therefore the scheme fails under European service regulations.
The Council's QC, Kelvin Rutledge attempted to counter the argument by saying that because Mr Regas' had delayed in bringing the challenge, it's application should be dismissed by Mr Justice Ousley.
He then took pains to point out the council had come to the conclusion that there is indeed a correlation between the private rented sector and anti-social behaviour. This had been borne out from a "mixed approach" of a consultation process, independent research and council's own cabinet ministers' experiences.
He responded to his opposing barrister's objections, Mr Clayton, to the scheme by adding: "The statute entitles the local authority to designate the whole borough or part of it, but of course the authority would be reluctant to only designate only part of it. If there is a problem it is not irrational or disproportionate for the authority to decide it has to be borough-wide."
Landlords must provide tenants' references and make sure that all health and safety measures are adhered to before they can even apply for a licence. They also have to undertake procedures to ensure that fly tipping and anti social behaviour does not occur in and around their properties.
The council will introduce a discounted fee of £250 per property if landlords sign up before April 2015.
The presiding judge, Mr Justice Ousley, will deliver his verdict on whether the case has merit to grant leave for a judicial review ,at 10.30am Friday 3rd October.
If Mr Regas's application is not dismissed, then the review will be held in the next few months