Enfield licensing scheme quashed in judicial review, what will happen in Southampton?

The High Court has quashed Enfield Council’s plans for its additional and selective landlord licensing scheme - the first victory for landlords in the recent sagas of local authority licensing initiatives.

 

The High Court ruled earlier this month that the judicial review called for by landlord Constantinos Regas challenging Enfield Borough Council's licensing scheme was to be upheld.

 

The council's scheme would have required landlords to hold a £500 five-year licence from the authority for each property they owned. Failure to comply could see landlords fined up to £20,000 while breaching licence conditions could result in a fine up to £5,000.

 

High Court judge His Honour Judge McKenna said that "the implementation and operation of an unlawful designation is a continuing unlawful act". 

 

He found that Enfield council had failed to consult the persons who should have been consulted (including in the six surrounding boroughs) and did not consult for the required time. At the end of the hearing at the Royal Courts of Justice, HHJ McKenna refused permission for Enfield to appeal against the decision. 

 

The case came about after a long-running bid by Constantinos Regas, the landlord of just one property in the borough. 

 

He brought the case against the council after repeatedly speaking against the proposals at council meetings. Most recently he spoke at the council's cabinet meeting in November, where he warned councillors the council's cabinet that a judge had already found that part of the scheme was "arguably unlawful" and that they should not go ahead with it.

 

Speaking after the judgment was handed down, Regas said: "I have always maintained my view that good housing standards are a human right. But Enfield council have not gone about this the right way. They have accused tenants of being antisocial and have sought to criminalise landlords for tenants' behaviour. The Council have now been found acting unlawfully.” 

 

Regas claims the council's cabinet and senior officers have “demonised tenants, defiled democracy and disgraced themselves. They threw good money after bad in defending this case, despite me putting them on notice in June that they were not acting properly.”

 

He says he will be taking steps to encourage landlords to improve housing standards in the borough, although he did not specify how this would be done.

 

http://www.landlordtoday.co.uk/news_features/Enfield-licensing-scheme-quashed-in-judicial-review