Should landlords have the right to refuse DSS tenants?10:43 AM, 20th May 2019
About 4 weeks ago 124
Not only does the application form for Liverpool Landlord Licensing fall foul of the Data Protection Act, the scheme rules also fall foul of the De-Regulation Act.
I refer to condition 4 of their Landlord License . The Council insist that Landlords issue a section 21 where anti-social behaviour is taking place.
Their specified timeline would mean a landlord issuing a section 21 after a maximum of 45 days, YET the De-Regulation Act clearly states that in the case of new tenancies, a section 21 notice cannot be issued in the first 4 months of a tenancy.
If a landlord fails to comply with the conditions imposed by this council, (s)he could be fined, get a criminal record and have the management of his property taken away from him/her.
On the other hand, if (s)he issues the Section 21 as per the Licensing Condition then that would not be valid based on the De-Regulation Act.
That is the nonsense Liverpool are forcing landlords to sign up to, and their co -regulation bodies, with their legal teams, seem to have overlooked this detail.
In my opinion Liverpool City Council are not a fit body to regulate landlords judging from the paucity of their Landlord application forms and the actual licenses themselves.
I call upon the Housing Minister to intervene.
On the 10th May , The ICO stated that in their view Liverpool City Council’s Landlord Licening Application Form falls foul of the Data Protection Act. Despite this damning verdict Liverpool are writing to Landlords waffling about having received advice from the DPA but failing to admit to the breach. This issue will not recede as the forms are not compliant and Liverpool do not have Landlords signatures agreeing to their draconian conditions.
The license and its conditions could quite easily result in a criminal prosecution for any landlord operating in Liverpool. With the help of Property118 and its members I now want to take the fight to Liverpool Council, which itself has has been prosecuted in the magistrates court for a criminal offence in 2006/2007.
I am holding a meeting for all Landlords who feel strongly about this and want to take further action. The Council and their co-regulators (the RLA) are neither invited nor welcome.
To explain what we can do now, with a view to getting this licensing scheme scrapped altogether, I am hosting an emergency meeting and inviting all Liverpool Landlords to attend on at 7PM on Thursday 26th May 2016. There is no cost to attend. The venue is the Conservative Club, Birkdale Village Southport.
To book your place please complete the form below. I will receive a copy of your contact details.
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