Selective licensing needed to protect tenants, claims council
12 months ago | 4 comments
Does a selective licence refusal help me evict a tenant?
12:01 AM, 12th May 2025, 12 months ago
5
Hi all, I am in a very complicated situation where I have a tenant at my property, not paying rent for 10 years. The estate agency that put the tenant in went under administration. They did try the S21 route with no luck, as he kept on causing damage to all repairs that were carried out.
The council got involved, especially now that there is selective licensing going on. I did apply for one in the past, and received a refusal 2 weeks ago.
They said this was refused because: ”refused on the grounds that you have failed to undertake prescribed works required to bring the property up to a reasonable and safe standard and no acknowledgement has been made in relation to completing the outstanding works and therefore, the local authority cannot be satisfied that the proposed management arrangements are satisfactory and on this basis we are unable to grant the licence.”
I did indeed refuse to carry out any works as the tenant (1) did not allow us access, (2) cancelled my previous builder and cost me my deposit and skip licensing etc, (3) he will tamper with any works.
We did send an S8 and are due to begin legal proceedings.
Can I use this refusal as a support to get the tenant out?
Any help is much appreciated.
Thanks,
M
Tags:
council licence refusal, Eviction, housing licence issues, Landlord Legal Advice, problem tenant, Section 21 Notice, section 8 notice, selective licence refusal, Tenant Eviction UK
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Member Since January 2023 - Comments: 145
10:39 AM, 12th May 2025, About 12 months ago
you need a good litigation solicitor. I am sorry that it is going to be a long haul
Member Since May 2025 - Comments: 15
12:16 PM, 12th May 2025, About 12 months ago
It is abysmal that LL’s are left to rot in these circumstances, but get caned at the drop of a hat for anything and everything.
My flats are licensed, but the council refused to intervene even when tenants were lighting BBQ’s against the 4 storey building on the hottest day of the year a few years ago.. I mentioned Grenfell..bur no response.
Also blatant overcrowding in many of the flats. But despite me sending numerous emails .and getting my MP to intervene ..all they did was un licence my property , and tell me as it was no longer licences they couldn’t do anything.
Then a while later they re licenced it!!!
Member Since November 2015 - Comments: 584
3:54 PM, 12th May 2025, About 12 months ago
I don’t think it will be of any benefit to you that the licensing has been refused, in fact I would have thought it puts you in a poor light, as the council is citing your failings as the reason for refusal.
I hope that you have detailed records of all of your contacts & attempted contacts with the tenant, proof in any form of their refusal to allow you, or your contractors access and a copy of the AST agreement.
Believe me, I don’t say this to insult you, but if you have a tenant in-situ, not paying rent in ten years, then you are not the person to handle this on your own. Engage a professional, highly experienced in landlord and tenant law and especially the ins and outs of section 8. You can certainly get them out for non-payment alone, but if they come in with help from Shelter or a bunch of counterclaims you can end up being adjourned so everyone has to come back to hear the details of the counterclaim at a later date and then it drags on and on. Whatever happens, be determined and keep going, you will eventually get them out!
Member Since October 2022 - Comments: 402
10:11 PM, 12th May 2025, About 12 months ago
Which S8 grounds did you use.. 8 10 and 11 presumably. They will claim disrepair probably. You should also consider 13 and 15 together with a claim for malicious waste. As other s said, make sure you have correspondence history, engage a specialist landlord solicitor and expect the council to prosecute you. The latter is the most serious. I suggest you consider an injunction to allow access. Discuss this with the council. Doesn’t matter if you go for it or not, it’s your defence to the licensing issue. Bear in mind they keep the fines so have an incentive to prosecute you
Member Since January 2015 - Comments: 1447 - Articles: 1
9:31 AM, 14th May 2025, About 12 months ago
Why have you allowed this to drag on for 10 years?
It matters not whether an estate agent is no longer in existence or still managing the property the buck stops with the landlord. An estate/letting agent is only your “servant”. The buck always stops with the landlord.
Is your pre-tenancy and tenancy documentation incomplete?
When did you serve the s21? When did you apply to the Court for a Possession Order?
Are you saying the court refused possession on the grounds that your tenant “kept on causing damage to all repairs that were carried out.” Or because your paperwork didn’t stand up?
If you had a Licence, “ I did apply for one in the past, and received a refusal 2 weeks ago.” This refusal was for the new Licence? The Council must have inspected the property to have required you to do proscribed works. Your reasons for refusing to do these works will open you up to prosecution by the Council and likely fines from a Court. Hope you did not put your refusal reasons in writing to the Council!
Hindsight is a wonderful thing but you need to apply for an injunction to get these works done, and get these works done, to stand much of a chance of getting your tenant out.
You need a specialist eviction company, likely not just a Landlord & Tenant solicitor.