Tuesday 30 September 2014

High court to hear challenge against landlord licence scheme

A landlord is set to take Enfield Borough Council to the Royal Courts of Justice over a licensing scheme. 

The High Court will hear Constantinos Regas's case against the authority's compulsory licensing scheme on Thursday. 

The scheme, known as additional and selective licensing, requires landlords to hold a £500 five-year licence from the local authority for each property they own. 

Non-registration carries a potential £20,000 fine and a criminal record, with breach of any licence conditions carrying a £5,000 fine. 

This week's case will determine whether a judicial review will be considered in the administrative court later this year. 

The council’s scheme is set to be introduced on April 1, 2015. 

Mr Regas, who owns one property in Enfield, said: "I have always said that good quality housing is a human right. Antisocial behaviour by tenants is often linked to problems like rent arrears, so landlords already have every incentive to deal with issues when they arise. 

“Enfield Council has failed to demonstrate that housing in the borough is badly managed, or that there is a clear link between antisocial behaviour and the private rented sector. I am appalled that the council can label tenants in this way." 

The challenge is based on whether the local authorities can show that an area has low housing demand or if they can prove a link between antisocial behaviour and the private rented sector. 

Mr Regas added: "I have put the council on notice that we have strong grounds of irrationality, unlawfulness, impropriety and unreasonableness. 

“We are adding a further ground showing contravention of European law. Council officers should not keep the cabinet or the full council in the dark about the judicial review. 

“This is a public law case and it must be discussed in public." 

An Enfield Council spokesman said disclosing details of the council’s defence before the hearing could prejudice the case. 

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