1 year ago | 13 comments
Hi, I applied for a selective licence back in September, and only now has the council sent the invoice for Part A (£375), which I understand legally covers the ‘admin’ costs for the pre-draft licence assessment.
Over Christmas, the tenant has decided to move on so will be gone in 10 days time – the house will become empty and I will be looking to sell.
Do I need to pay for Part A at all now as the property will not have a tenant and therefore the property does not come under the requirement for a mandated selective licence? Or do I need to pay Part A, and then request a part refund on this? (I.e. some admin costs taken out but not the full Part A charged, a licence is not required as the property is not being let)
The council website gives no detail and there is no number to call for the selective licensing department.
Thanks,
Mark
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1 year ago | 13 comments
1 year ago | 9 comments
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Member Since October 2017 - Comments: 105
10:49 AM, 7th January 2025, About 1 year ago
I would be very surprised if you can get a refund. I had to pay for the whole 5 years when I bought a house with only 6 months left of the Licensing scheme period. I then sold it to the tenants 5 months into the next 5 year scheme and again had to pay for the whole 5 years.
Member Since December 2023 - Comments: 34
11:48 AM, 7th January 2025, About 1 year ago
Hi Mark.
You do not have to pay for a licence you don’t need anymore. I am sure that the council will re contact you at some point, by which time you should be able to prove the property is empty and for sale. My council (Leicester ) is now the most expensive in the country at £1290. They are unable to tell me what exactly I am getting for my money.
Member Since January 2022 - Comments: 16
12:35 PM, 7th January 2025, About 1 year ago
Peterborough council ‘run’ by Homesafe won’t refund me even though they haven’t granted the licence yet or done an inspection.. Became empty in September.. They told me as it was tenanted in March when fees where payable it needed the licence so that was £600 odd quid for nothing basically, what a surprise! Intending to sell.
Member Since February 2022 - Comments: 203
12:57 PM, 7th January 2025, About 1 year ago
I would wait the 10days until the tenant actually moves out; then when they do call/email them (the council) and tell them to cancel the invoice as it’s no longer required. If you can’t get hold of someone begs the question what are you paying for? I personally wouldn’t pay but at the same time make sure they aren’t going to come after me later. I did the same thing when EIRC was introduced, tenant was leaving so why do an EIRC when up for sale.
Member Since June 2013 - Comments: 3248 - Articles: 81
12:58 PM, 7th January 2025, About 1 year ago
Reply to the comment left by Cathie at 07/01/2025 – 10:49
That’s why Selective Licensing is a complete rip off & makes rents more expensive for tenants.
Member Since June 2013 - Comments: 3248 - Articles: 81
12:59 PM, 7th January 2025, About 1 year ago
Reply to the comment left by Paul at 07/01/2025 – 11:48
Ha ha u say it well.
And also what do the tenants get for their rent increases to pay for it?
Member Since January 2025 - Comments: 2
3:27 PM, 7th January 2025, About 1 year ago
Unfortunately, if your property is in a location requiring a selective licence, you need to apply for one, regardless of how long the tenant will be there. Not applying because they intend to move out is a big risk to take – potential fine of up to £30,000. If you wait until they have moved out and then notify the council the licence is no longer required, (as suggested in the comments) they may still fine you for the period when it was required and could issue a rent repayment order for the period when no licence was in place. Tread carefully!
Member Since October 2020 - Comments: 1172
11:51 AM, 8th January 2025, About 1 year ago
What you call the admin fee is usually paid up front. Are you saying that you applied for the licence but didn’t pay anything at the time? If so, then in most areas your application wouldn’t have been completed and you would not have been covered between September and now. In which case, the Council could pursue you for a penalty and your tenant could claim a rent refund.
Member Since January 2025 - Comments: 2
8:38 AM, 9th January 2025, About 1 year ago
If you applied properly (assuming the part A payment was not due until the invoice was issued – check date of issue against date of receipt), you have a legitimate defence against any penalties under S72 of the Housing Act 2004.
Another step you could take would be to apply to the council for a TEN, temporary exemption notice. These can be granted for three months, and possibly extended for a further three, and may be issued if the landlord is looking to dispose of the property and waiting to gain possession.
Member Since January 2015 - Comments: 1446 - Articles: 1
1:26 PM, 11th January 2025, About 1 year ago
Don’t pay anything as you’re no longer part of the PRS.