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Landlords take legal action against Labour council over licensing

Legal action has been launched against Middlesbrough’s Labour council amid claims a licensing scheme which charges landlords almost £1,000 for each property is unlawful.

Local media in the town says that in April, the council's executive agreed to designate an area known as Newport 1 for selective licensing for five years. A fee of £998 covering that period was chosen, hugely above the the previous charge of £820.

The Middlesbrough Gazette says two landlords sought legal advice and say they intend to seek a High Court quashing order, which nullifies a decision made by a public body. Processes have also been launched in a bid to halt the start of the scheme, due to begin next month.

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Some landlords had already branding the scheme “rapacious and unreasonable” and saying it was a disincentive to those wishing to provide homes for tenants.

According to the Gazette: “The council says evidence shows that significant and ongoing anti-social behaviour and low demand for housing are linked to the private rental sector in North Ormesby and Newport and selective licensing aims to improve the standards of property management.”

The landlords taking legal action claim the council did not comply with mandatory requirements in making the decision. Legal papers from their solicitor suggest the council relied on data regarding anti-social behaviour from other parts of the ward to justify licensing in Newport 1 and failed to consider alternatives to the scheme.

The council is not commenting on the move.

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    They will all jump on the bandwagon after Labour take over 🥵👎🏻🥵

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    Labour was down 6% in the latest YouGov poll, and Reform was just 2% behind the Tories.

    Labour on 40%
    Conservatives on 19%
    Reform on 17%.

    There is a claim that Reform will overtake the Tories this weekend. Will that be at the expense of Labour?

     
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    What only a £1’000.00 that’s great news in London there’s about 50 attached T&C imposed on landlords about 30 of which totally unnecessary and grossly unfair every one of them has the potential of a fixed Penalty of up to £30’000.00 each like a Parking Ticket or if you would like your day in Court good luck with that the fine becomes unlimited.
    We have the pleasure of paying the Council huge Application fees to impose those Sanctions on us, so now little irrelevant boy run along and toe the line or else its not yours or private property anymore. There you go with the courtesy of the motherboard Licensing Team.
    THE PURCHASE BLOCKER.

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    Blummin wish em luck- I’ll say a pray- if they win wonder if the other licensing schemes can get reversed?

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    Wishful thinking not a hope it hard to fathom at a time of celebrating war victory and remembering those who died, maybe another one around the corner. My wife survived the last War as a baby in the pram when German Luftwaffer bombed and flattened the row of houses in the North Wall, Dublin, the punishment for not wanting war, where she lived killing 28 people and many injured many with broken bones etc including her immediate family, when the dust settled she was still in the pram but covered completely in broken glass if ever there was a miracle. She is totally oblivious to all those draconian regulations god bless her, her bigger concern is if the curtain’s are clean.
    Is this the same Germany that’s egging us into another war.

  • Rob NorthWest-Landlord

    Every single landlord in the zone should contact all tenants explaining that £100 a month rent rise is on the way to cover the cost of licensing and admin costs. Put some pressure back on the council.

  • Nic Gone

    Good for them. It’s time councils were challenged as they already have legislation in place to protect tenants from unsafe or anti-social conditions. But to enforce it cost money, whereas another admin scheme will fill coffers and be a popular political soundbite. Until all us Dodo’s have disappeared and there’s no easy meat left to target…

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    Dodos 🦤 …. … Nice one ☝️. That’s us alright 🫣

     
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    • C P
    • 06 June 2024 09:28 AM

    Unfortunately only way forward with councils is to pay the cost and pass it on. They don’t care about tenants, it’s just another form of getting money in.

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    They are bankrupt, housing all the people who need temp accommodation 🤔 oh wait a minute 🤷‍♂️ Hasn’t that been made worse by their, and government policy ?? 😂😂. Muppets.

     
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    If I was a landlord in a selective or additional licensing area, I'd be doing an FOI request to the council demanding precise details of how the licensing fees have been spent. Because a council is only permitted to spend the income on administering the scheme (admin) and the officers who are doing the inspections. My bet is that licensing fees are being spent in many other things which is illegal. Time for councils to be investigated by the District Auditor I think.
    A point to note: food businesses get all their inspections for nothing as well as the food hygiene score rating. Why should landlords pay for their inspections and food businesses get a freebie? Or even get subsidised by licensing fees?

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    That is a good idea 👍🏻

     
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    The useless PRS liability known as the NRLA are predictably busy doing nothing effective we can safely assume.

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    Deborah, that is correct. Council should be made accountable for how they use the licensing fees. They need to use the funding for any admin they do on each property, regular inspections, maybe talk to tenants as to how to be good tenants etc. And garbage thrown on the premises, rather than the correct bins. These should be their job from the council tax, parking, bus lane and other fees paid, welfare of the citizens, just as their responsibilities towards bin collecting, schools, roads, footpaths, byways etc. They need to understand it is totally their responsibility to ensure that their residents live harmoniously and not cause any anti-behaviour. If they do, they need to be fined, whether owner occupier or tenants. I cannot understand why landlords have to pay upfront for all their properties and tenants, when they do their best to take tenants' references and due diligence all the way in providing homes. The council should pay the landlords, actually for doing their work for them.

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    I hope the landlords in Middlebrough win. This will have a far reaching consequences for the courage and tenacity shown by a few landlords. We do not have licensing so far in any of the boroughs that we have properties. That's about 4 councils altogether with 1 to 4 properties in each council.

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    If any council do bring in licensing, they would be questioned about how they would use that money, also options to sell or not rent them at all. This is why I am selling about 4 to 5 properties within a year. If licensing is brought in, we will be able to keep properties empty and ve cause of insufficient properties for tenants and less tax to pay. The government can suffer from less receipts from us.

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    Vibha, my friend I knew instantly you weren’t in a licensable area or you wouldn’t be calling for Council inspections, it’s a nightmare they keep turning the screw every time they visit and what’s acceptable in one Borough often is not in an other. Careful what you wish for btw are them kitchens made of wood of course they are, they required me to give them 3 different Coats of specialist fire proofing £150.00 just to buy the stuff, have you all self closing fire doors complete with fire stops and smoke seals, Euro thumb screw locks, DEICR, fire alarm system, emergency lighting Certificates, EPC copy for Tenants, Right 2 Rent, references and share codes, How 3 Rent 19 pages by Shelter, and the license of course, lots more. I think it’s very unfair that I had to license all mine in 3 different Boroughs 4 times 2006, 2011, 2016, .2021. and it won’t be long about roaring again.
    Why isn’t everyone required to license at least once first before making the same guys do it again & again. Also with the most expensive properties to be Serviced and £ for £ the far worst returns, just saying.

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