Councils and Tribunals come under fire for “Dickensian” practice impacting landlords

One landlord legal firm only wants one New Year resolution from councils and First-Tier tribunals.

Phil Turtle, of Landlord Licensing & Defence, is urging councils and Tribunals to stamp out the practice of sending critically important documents to landlords and agents only by post.

He warns the issue is a major problem for landlords across the country especially when the documents arrive late or sometimes not at all.

What is the hidden agenda?

Mr Turtle says that councils and First-tier Tribunals send every piece of communication by email except crucially important documents for landlords and asks, ‘what is the hidden agenda?’

Mr Turtle explains: “Why is this such an issue? Put simply, these critical documents are sent out with the clock already ticking from the date on the documents and not the date it was ‘served’ on the landlord or representative.

“Often we find that the posted materials sent by councils are often unfranked, undated and have been sent second class.

“And that causes an issue when everything that involves communication with a council, or a Tribunal is posted out to us.

“The council will claim that ‘legal service’ must be done by post, but this is untrue and even if it was true, there is no excuse for not emailing the vital documents.”

Casts doubt on when documents are sent

He added: “Although they have often allotted themselves several months to get to the point of issuing these documents – such as a draft property licence – councils seem to take great delight in allotting the landlord only the legal minimum of 14 days – that’s a mere 10 working days – from the date they created the document.

Mr Turtle casts doubt on when the posted documents are sent out.

He says the issue with sending documents by post is there is a strong suspicion they are frequently not posted on the day they are dated which results in one or two days lost.

Councils insist on sending them to a landlord’s registered address which is often their accountants’ office, and they have to be posted to the landlord so another four days are lost.

At this point, the landlord needs to find and appoint a legal representative such as Landlord Licensing & Defence – and this can eat up another two days.

Highly cynical tactic

Mr Turtle says this is crucial time lost to properly protect landlords from a council complaint or legal action.

He said: “At best, this practice of sending out documents is unfair, and, at worst, it is detrimental to the landlord concerned.

“Not emailing the documents leaves the landlord, who may be facing fines of £10,000 to £100,000, as the only loser because they won’t have a reasonable time to defend him/herself or obtain professional representation.

“This is a highly cynical tactic that puts landlords and their representatives on the back foot because the council knows that the documents will arrive late or not at all.

“The landlord won’t have time to act upon them, meaning that in effect, the council guarantees, by cynical unfairness, that they win against the landlord, whether they should or not.”

In recent weeks, Landlord Licensing & Defence received notification of a Tribunal inspection that was due to take place that day – and a hearing two hours afterwards by telephone.

In multiple cases, where councils have stated categorically that notices were posted, Landlord Licensing and Defence investigations have revealed that multiple parties, in different cities, and even including mortgage firms, have not received either the draft or final notice.

Denies landlords justice

Mr Turtle said: “The only possible conclusion is that in case after case, critical notices were never posted – yet the council proceeds to prosecute based on their insistence that they were.

“Oddly, if they had emailed the documents as well, they would have proof of sending out. As it was, we have forced them to back down when their deceptions were exposed.”

Mr Turtle says these actions cause huge complications for landlords.

“There are also obvious implications when it comes to open justice and offering landlords a fair chance of responding and protecting themselves.

“It’s almost as if the councils are striving to hinder a landlord’s access to a fair and open justice process because they cannot respond if the documents don’t arrive, or if they arrive late.”

Mr Turtle is urging all councils and Tribunals to immediately stop the practice.

“We are calling on all councils and Tribunals to act fairly and reasonably and stop allowing this cynical, unfair and disabling practice that ensures that critical documents are only ever posted. Doing so is Dickensian and unfair and impedes prompt action by landlords and denies them justice.

“This is a New Year’s resolution that every landlord that is subject to council enforcement, civil penalty, improvement notice, draft licence or a Tribunal hearing would love to be implemented as would their advisors.”

For more help and advice on what Landlord Licensing & Defence can do for you, contact them on 0208 088 0788.

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