Liverpool Council lose at Property Tribunal

Liverpool Council lose at Property Tribunal

11:07 AM, 26th June 2017, About 7 years ago 17

Text Size

SWEENEY V LIVERPOOL CITY COUNCIL. FIRST TIER TRIBUNAL MANCHESTER CASE REF MAN/OOBY/HML/2016/0005.

The tribunal has released its decision dated 22/6/2017. There were a number of arguments advanced in the above case, and while Liverpool technically could appeal , the tribunal has ruled that the Council must amend all its landlord licences. The Local authority expended huge resources arguing the point including employing senior Counsel from a top London chamber.

Had the Council listened to me initially, Tax payers money could have been saved, and we would not have had to get independent determination.

The Liverpool condition stated that ” any letters relating to anti- social behaviour sent or received by the licence holder must be retained by the licence holder and made available to the authority within 7 days on demand”

I argued that this was totally unreasonable, and where a landlord received information in confidence, it would not be correct to divulge this information to the Council. Furthermore I was not happy with Council procedures for protecting Witnesses as they fall short of Procedures employed by Police forces.

The Tribunal concurred and all Licences issued by Liverpool must now be amended and the following clause added: “the licence holder shall not thereby be required to disclose to the authority any information which the licence holder reasonably believes to have been provided to him in confidence by a third party”.

All local authorities should now review their conditions.

It should be remembered that Liverpool previously had inserted another illegal condition in their scheme which contravened the De regulation act. Liverpool city Council were also taken to task following an ICO investigation which ruled their application form for landlord licences illegal.

What an utter fiasco. Time and again the largest licensing scheme in the Country has been found wanting.

Liverpool city Council simply cannot get it right. Two and a half years in to a scheme, where licences still have not been issued and those that have been issued, must again be amended.

A tale of greed and sheer incompetence.


Share This Article


Comments

9:56 AM, 27th June 2017, About 7 years ago

So, LCC just cannot be wrong. Even when they are wrong they are right! With a little less arrogance and dogma and a bit more humility from LCC in dealing with the legitimate concerns of private landlords this whole situation could have been avoided. Never mind, it isn't their money after all.

Questions to LCC:

1) How much did this appeal process cost the tax payer?
2) If the Tribunal does not have jurisdiction to deal with matters 1-3, who on earth
does? Or is there no appeal on these matters.
3) After my partner registered his properties, it was over 12 months before LCC contacted him to complete part 1 of the process. How can you charge a 5 year fee for what can only be a maximum 4 year licence?

LCC has brushed aside concerns about their T's & C's and now they have to reissue licences - two and a half years into the process.

Luke P

10:19 AM, 27th June 2017, About 7 years ago

Reply to the comment left by "Paul A Brady" at "27/06/2017 - 09:56":

I'd be surprised if they comment further. I'd be even more surprised if the creation of an account on a public forum was sanctioned from the top.

10:55 AM, 27th June 2017, About 7 years ago

Reply to the comment left by "Luke P" at "27/06/2017 - 10:19":

I think you are right Luke. I doubt we will hear much more from them - we live in hope!

Luke P

10:56 AM, 27th June 2017, About 7 years ago

Reply to the comment left by "Paul A Brady" at "27/06/2017 - 10:55":

It's obviously touched a nerve and upset someone on a personal level...

12:55 PM, 27th June 2017, About 7 years ago

I have had my own experience with LCC.
Having had no criminal convictions and never been in trouble with the police in my 40 years, LCC want to prosecute me over non licenses.
This is despite us applying for all licenses we had in March 15 when the deadline was 1st April.
They have tried to charge me twice for several licenses and they have also lost paper copies we sent in at the start which we have evidence of.
We are a member of CLASS, NLA and RLA as well as property redress scheme and if environmental health ever get in touch for an issue, we are always proactive with them.
It really is astounding that good, honest responsible landlords / agents are being treated in this fashion and i sincerely look forward to my day in court with them.

John Bullock

12:55 PM, 27th June 2017, About 7 years ago

Hats off Larry Sweeney for your time & effort in ensuring LCC are held to the same standards they police us. ?

Larry Sweeney

13:14 PM, 27th June 2017, About 7 years ago

Reply to the comment left by "John Bullock" at "27/06/2017 - 12:55":

Thank you John and Thanks to Luke P who does such a wonderful job fighting for landlords in the NE.
With respect to Liverpool, their "spin" is astounding and I will share an analogy made by a landlord who called me this morning.

LCC are like the criminal prosecuted for 5 offences. He gets to court and gets off with 4 of the charges but is convicted of the 5th crime. He then comes out of the Court discusses the 4 failed charges and states that he has won, despite being convicted .
Absolutely unbelievable as Mr Brady said "they are right even when they are wrong".

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now