Liverpool Landlord Licensing Farce Continues

by Larry Sweeney

10:52 AM, 11th August 2016
About 2 years ago

Liverpool Landlord Licensing Farce Continues

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Liverpool Landlord Licensing Farce Continues

Readers of property 118 will recall that the ICO ruled that the application form for Liverpool landlord licensing was deemed to be in breach of the data protection act.liverpool council

Furthermore the condition relating to ASB was in breach of the deregulation act. It has been brought to my attention by several landlords that the authority is now demanding immediate payment and threatening landlords with prosecution. The reality is that the real misery for landlords starts when they receive their licences as this organisation can then pursue them for perceived breaches of licence conditions and institute criminal proceedings against law abiding citizens who have never graced the inside of a courtroom.

Unfortunately it gets worse. The new application forms are still in breach of the DPA as they request the same amount of excessive information as the previous forms ,the only difference being that the reference to DBS has been omitted.

Tonight another shocking flaw has been flagged up to me by a major letting agency in the city. Liverpool council are demanding to know names of landlords, their dates of birth and information about their criminal convictions despite this not being relevant at all.

When an agent applies for a licence the agent is responsible for compliance, in fact landlords who themselves may not be in a position to get a licence as they reside abroad use agents for this purpose. Not good enough for the Liverpool who now are attempting to involve agents in their data breach exercise.

Finally I can confirm that last Friday 5th August another complaint was submitted to the ICO re the activities of this Disgraceful council.

I would urge every Liverpool landlord to reject the Licence and demand that a new application form which is fully compliant is issued by the council.

I would further urge every Landlord who has used an agent to establish if that agent has supplied information to Liverpool which was not necessary ie Dates of Birth etc. It would appear to me that grounds exist for a class action for data breaches should now be seriously considered.



Comments

Luke P

11:36 AM, 11th August 2016
About 2 years ago

Good point, Larry. If you reject the form with sound reasoning (as above), then they have an awful lot on their plate as it is without chasing those that expose their form for what it is. If you voluntarily put your head on the block, then don't be surprised when you are the first in line for grief.

Maria O'Neill

11:42 AM, 11th August 2016
About 2 years ago

This is the response we received a few days ago in reply to asking for new compliant forms back in May 2016. What do we do next?

Dear Ms O'Neill

Thank you for your email below regarding Selective Licensing in Liverpool. I apologise for the delay in responding to you.

Selective Licensing in Liverpool came in to effect before general approval order in 2015 and the council were therefore entitled to set up their own licensing scheme covering a designated area they felt appropriate to be covered in their licensing scheme without the need for Secretary of State's approval, provided a proper consultation was carried out with local communities and they had demonstrated evidence to support their proposals. Any challenges to the proposed scheme should have been made at the consultation stage.

The Secretary of State can not intervene in relation to this scheme now. If you believe the scheme is operating unlawfully you should seek your own legal advice.

Yours sincerely

terry sullivan

11:53 AM, 11th August 2016
About 2 years ago

Reply to the comment left by "Maria O'Neill" at "11/08/2016 - 11:42":

ask ICO to comment? they are above councils

suggest also write to your MP and Housing Minister with copy to Chief Exec and cllrs for housing (all Parties)

NW Landlord

11:40 AM, 13th August 2016
About 2 years ago

I wouldn't give them a penny they are all over the place and trying to extort money out of decent people they are that useless they won't get it off the ground if any landlord gives them money do u reckon you will get it back if it is scrapped ?they are basically the mafia in my eyes and make u embarrassed to be from the great city of Liverpool

AA Properties Wales

14:06 PM, 13th August 2016
About 2 years ago

Joint action, sue the council. They act with impunity, take the initiative guys!!

Paul A Brady

10:53 AM, 15th August 2016
About 2 years ago

To paraphrase someone ( Marx/Engels - should go down well at Liverpool City Council either way ) '...landlords unite, you have nothing to lose but your chains...'

Getting us united seems to be the problem. If LCC is still in breach of the DPA won't the ICO act to do something about it? We explored to possibility of a Judicial Review last year and having spent several hundred pounds were advised against it.

Larry Sweeney

12:18 PM, 15th August 2016
About 2 years ago

Every Landlord should now contact the council and refuse to proceed and pay, until the council give us a scheme which is compliant. See the points I have made re breaches of the DPA. Forget Judicial reviews ,we are out of time. All we can do now is to ensure Liverpool adhere to the law and give us a scheme that is compliant. To date Liverpool are the rogues, not us Landlords who have to point out their errors and illegality at every turn. We will not sign up to a scheme that is not legally compliant. Liverpool must return all the forms which landlords signed which were deemed non compliant by the ICO. The council then need to issue new forms which meet Dpa criteria. The council also need to amend their conditions and at that stage we can review them and hopefully get our licenses ,which we have waited almost 18 months for. Liverpool Council surely must rank as the worst most useless authority in the whole of the UK. What other council has introduced a scheme flawed from a to z and after almost 18 months have thousands of landlords still awaiting a license.

Larry Sweeney

12:30 PM, 15th August 2016
About 2 years ago

Reply to the comment left by "Maria O'Neill" at "11/08/2016 - 11:42":

Hi Maria,
We are not challenging the scheme as such. It is too late for judicial review proceedings. All we can do now is to ensure that anything we sign up to is fully compliant and legal in every respect. To that end this rotten scheme falls down. Liverpool rejected my challenges that the scheme was in breach of the DPA and deregulation act. They were wrong. However their amended application form still breaches the DPA and I can confirm that I have made another formal complaint to the information commissioner. Nobody should proceed as this new form giving them authority to do police checks falls foul of the act. Furthermore their conditions breach the DPA and ECHR and I have given them 21 days to correct these breaches or I will lodge a further complaint with the Information commissioner. For these reasons It is impossible to proceed and pay for licenses. We have made valid applications and Liverpool have ruined the process with their gross negligence and illegality. This useless authority is now in clear breach of the Housing act 2004 which clearly states Licenses should be issued in a timely manner. I am not aware of one single council in the UK which after almost 18 months still has not issued licenses. When they eventually correct all of their errors and conform with the law ,we will then appeal to the RPT on the basis that the scheme cannot proceed as they have blatantly dis regarded the provisions of the Housing act. Let us be clear it is not rogue landlords derailing this fantastic licensing idea , in the contrary it is the Useless council responsible for denying us licenses which are fully compliant with the law

Luke P

22:12 PM, 18th August 2016
About 2 years ago

Liverpool landlords need not fear repercussions of LCC by following Larry's advice...whilst it's the very British way to not cause a fuss and dutifully fill in your forms/pay up when told, they're never gonna chase you whilst they have so many others on their hands...and they know they're at fault. Don't allow yourselves to be shepherded.

Larry Sweeney

14:08 PM, 19th August 2016
About 2 years ago

Absolutely correct Luke.. How can these idiots prosecute anybody. The bottom line is that their forms were deemed non compliant by the ICO. A further complaint was lodged by me with the ICO on the 5th August as the replacement form also is in breach.
Furthermore 3 complaints have been submitted by me to the ICO today after a lengthy conversation by me with an ICO investigator.
Provided a landlord has registered the Housing act 2004 is clear, no prosecution can ensue if a valid application has been made. In this case we have made valid applications but the useless council has failed us, by providing forms which were not and still are not compliant. Furthermore their conditions breach the DPA and ECHR ,and their previous ASB condition which they have removed after our campaign breached the de regulation act 2015. Anybody who allows themselves to be bullied by the council into this nonsense is a facilitator like the co regulation bodies. I would never advocate law breaking .We have registered. It is Liverpool themselves who are engaged in the dodgy practises, and the reason they are now threatening applicants is because they are in breach of the said act 2004 which specifies that licenses should be issued in a timely manner.1 yr 4 months after the designation , no dodgy landlords prosecuted and NO legal compliant licenses issued.

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