Liverpool Landlord Licensing Farce Continues

Liverpool Landlord Licensing Farce Continues

10:52 AM, 11th August 2016, About 5 years ago 17

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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

by Luke P

23:20 PM, 19th August 2016, About 5 years ago

Do you ever think they'll actually get to issuing any licences? Surely they won't abandon the plan, but what do you think the realistic outcome will be?

by Larry Sweeney

20:35 PM, 21st August 2016, About 5 years ago

Hi Luke,
When Zealots get the "bit between their teeth" they never relent. That said much depends on Landlords. If Landlords feel that it is easier to go along with this sham , they are putting themselves in the line of fire because they may well be hammered by LCC for breaches. If on the other hand Landlords take time out to fight the council and ensure that Liverpool adhere to the law in every respect and in particular do not allow the useless council to bully them by standing firm, and insisting full compliance with the DPA, Then Licensing could well collapse. We have already seen how utterly incompetent this Rubbish council is . No Licenses have to my knowledge yet been challenged in the RPT arena. That is yet to come, But to challenge a license there, it firstly must be legally issued and landlords who have licenses must reject them on the basis that their original application form was not DPA compliant. To update readers, I believe the License conditions break the DPA on three separate fronts and this as well as the councils refusal to comply with the ICO advise forms the basis of a new ICO investigation. Naturally the Council and its co regulators have omitted to inform Landlords of this latest fiasco.

by Luke P

21:02 PM, 21st August 2016, About 5 years ago

The RLA are complicit in this and I would urge landlords to distance themselves from such an organisation.

by terry sullivan

12:30 PM, 23rd August 2016, About 5 years ago

Reply to the comment left by "Luke P" at "21/08/2016 - 21:02":

pls expand on this?

by Luke P

14:32 PM, 23rd August 2016, About 5 years ago

They are co-associates/advocates/endorsers of LCC licensing. Larry will no doubt be along soon to give you the proper definition of their involvement. Essentially they're in bed with the council on this and despite the cock-ups, can't back out as they have done a deal re price of licence for members.

by SickOfBeing LiedTo

16:32 PM, 10th September 2016, About 5 years ago

Good day to all, this is my 1st post. I will introduce myself as “SickOfBeing LiedTo”, obviously this is a pseudonym but essentially I am a landlord with several properties.

On reading this thread about landlord’s license I came across this video on youtube.com regarding speeding fines.

https://www.youtube.com/watch?v=dNxvlr_OKyg

OK not exactly the same subject here but the overall message to come out of this is the defendant took the plaintiff to task namely:

1. Prove statute/acts apply to a Judicial Person (defendant)

2. Prove the obligation of the Person (defendant) to obey statute/acts

3. Prove as plaintiff you have jurisdiction/AUTHORITY over the Person(defendant).

I don’t know what your thoughts are on this subject if ever it got to the stage where a council/”rental authority” actually took a landlord to court for certainly non registration or not paying fines etc.

How can they be an AUTHORITY over anyone? Look on credithq.co.uk and search the "rental authority" there is no point searching companies house web site!

I do have more to contribute but as this is my 1st posting did not want to be too heavy or indepth.

What are your thoughts/comments?

by Mick Roberts

10:56 AM, 4th July 2018, About 3 years ago

Can you Landlords please sign this & forward to all your contacts.
A small hope, we have to try anything & everything.
I'm sure we not get 10k signatures, but the more Licensing & Govt start to see these things, who knows.
“Petition calling for a review of Nottingham City Councils Selective Licensing."
https://petition.parliament.uk/petitions/223039

http://www.selectivelicensingtruth.co.uk/


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