The landlords claimed the council had imposed the designated scheme without consultation or good reason to enforce licensing on the 1,326 properties affected. The council, who introduced the conditional scheme, in which landlords must pay for the application of a license lost on grounds amounting to failure to consult and not following guidance, making misrepresentations to the Secretary of State. As a result, Mr. Justice McCombe held that the Council’s decision to designate an area for selective licensing and the resulting designation were both an unlawful act.
Read the full story here High Court Quashes Licensing Scheme Imposed on Lancashire Landlords
NetRent Comment
This judgement is unlikely to open the door to a wholesale review of Selective Licensing but it will hopefully make councils get their procedures right. Landlords have complained for some time that many Selective Licensing schemes are imposed without due regard or proper consultation.
