Additional Licensing Judicial Review

Additional Licensing Judicial Review

17:45 PM, 3rd October 2014, About 7 years ago 24

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Breaking News from Enfield High Court Will Additional Licensing Be Outlawed?

I just got off the phone and I’m delighted to report that Mr Constantinos Regas was successful in getting permission to proceed to with his Judicial Review at the Royal Courts of Justice this morning. Though not everything went his way, the judge didn’t accept his application in full, however he is clear to proceed and challenge additional HMO licensing, the judge said that:

“Additional HMO Licensing was arguably unlawful” and probably shouldn’t be imposed on the people of Enfield

It is not known if Enfield council will be withdrawing their scheme to license the whole borough in the light of these proceedings or will spend more tax payers money to fight on at a full Judicial Review hearing against Mr Regas. One thing they have to bear in mind is senior counsel Mr Richard Clayton QC has agreed to assist Mr Regas on no win no fee basis at that hearing.

Will Additional Licensing Be Outlawed?



Comments

by Joe Bloggs

11:26 AM, 7th October 2014, About 7 years ago

hI
Dont see irrationality in the classifications. 'selective' covers all rentals in a defined area as s.79, whereas 'additional' covers all small HMO's in a defined area as s.56. small hmo's will still be caught by s.79 even if there is no additional licensing regime. additional licensing allows LA's to stipulate more stringent standards than for selective licensing and this presumably is the reason for the two regimes.

by chris wright

11:48 AM, 7th October 2014, About 7 years ago

On a re-read of s.79 it says 2 or more DWELLINGS and in the definitions s.99 dwellings are described (i.e. self contained not sharing living spaces) and cannot be defined as households which is the criteria for additional HMO.....seems cut and dry.

by Joe Bloggs

16:03 PM, 7th October 2014, About 7 years ago

Reply to the comment left by "chris wright" at "07/10/2014 - 11:48":

yes on careful re-read seems you are right. although if an hmo is occupied under one agreement it will still fall within s.79 selective licensing definition. the s.79 definition only excludes houses with more than one TA or licence from selective licensing. all very odd drafting as there is an overlap with additional licensing for HMO's let on one tenancy, but not for HMO's let on multi agreements. i think they never contemplated 3 or more unrelated sharers on one agreement.

by chris wright

20:18 PM, 7th October 2014, About 7 years ago

Maybe there is a wriggle there Joe, any legal opinion you seek might be on yourside but only a court case would fix it for sure, who wants to be first - there would i think, be too much to risk for the larger portfolio LL's


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