Liverpool landlord licensing ruled in breach of Data Protection Act

Liverpool landlord licensing ruled in breach of Data Protection Act

8:40 AM, 16th May 2016, About 8 years ago 66

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Data protection actI would like to preface this piece by saying that I, like the majority of decent landlords I know would fully support true Selective landlord licensing in Liverpool. It is the politically motivated ‘blanket’ licensing, which after 13 months has not improved the situation of a single tenant in Liverpool, that we object to.

In a letter dated 10th May 2016 the Information Commissioner has ruled that by forcing landlords to sign the blanket authorisation below in order for their Landlord Licence applications to be processed, Liverpool City Council is in breach of the Data Protection Act.

‘2.6 I as the proposed licence holder, hereby authorise any statutory body holding information about me, which falls within the categories above, to provide this information on request by Liverpool City Council.’

This is all down to the work and persistence of one Liverpool landlord who was interviewed on BBC Radio Merseyside on Wednesday (11th May), where the presenter also revealed that after 13 months work Liverpool City Council has issued just 1,200 licences out of approximately 35,000 applications.

Where were the landlord associations when all this was going on? The RLA and NLA that charge landlords £80 per year to represent them. With all the resources available to these bodies why was it left to one landlord to take on the Council? The RLA even became a co-regulator with Liverpool City Council to assist in the implementation of the scheme, no doubt creating a nice new revenue stream. A scheme now ruled to be in breach of the third protocol of the Data Protection Act. What has the RLA got to say about that? Are they even aware?

This ruling represents a huge victory for landlords, not only in Liverpool, but in all areas where blanket licensing has been introduced and we would encourage all landlords to check their applications to see if other authorities may also be in breach of the Act.

We believe Liverpool City Council should now write to every landlord who has applied for a licence informing them of the breach and offering compensation. Liverpool must revoke all the licences issued so far, refund all application and licence fees paid to date and start the licensing process from scratch, providing new application forms to all applicants.

If you are in the process of applying for a licence, please email the Council and request a full explanation of how this has occurred, requesting a full refund and new application forms.

Many thanks to the one Landlord who took on the mantel that should have been worn by the NLA and RLA.

Another very good case for Property118 to form a truly representative Landlord Association.

Paul

UPDATE – 19/05/2016

Copy of article published by Larry Sweeney, the landlord referred to in the above article

Liverpool LandlordsThe Information Commissioner has ruled that by forcing landlords to sign a blanket authorisation in order for their Landlord Licence applications to be processed, Liverpool City Council is in breach of the Data Protection Act. I am the landlord who single handedly, without any paid legal advice, managed to obtain this ruling.

So what does it mean?

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.

The venue is the Conservative Club, Birkdale Village Southport.

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.

Further information, help and advise will be available for all landlords who attend.

There is no cost and the Council will not be invited.

To book your place please complete the form below. I will receive a copy of your contact details.

Oops! We could not locate your form.


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Comments

Mark Alexander - Founder of Property118

15:32 PM, 6th June 2016, About 8 years ago

Reply to the comment left by "maurice1 dev" at "06/06/2016 - 15:06":

Blanket licensing certainly wouldn't appeal to me, in fact it would positively deter me.
.

Ma'at Housing Solutions

7:26 AM, 13th June 2023, About 10 months ago

I have just been sent the above article from 2016 and am absolutely speechless!

Liverpool City Council's maladministration and malfeasance seemingly knows no bounds!

What exactly are these Commissioners installed by Whitehall for the last couple of years at LCC ACTUALLY DOING?!

The initial report ' The Max Caller report' really seemed to blow the lid off the nefarious malpractices of the criminal Cabal that runs Liverpool City Council.
Yet other than the arrest of the former leader of LCC and mayor Joe Anderson in 2019, there have been no further arrests to my knowledge so it was ' business as usual!
I have only just learned about the fact that the head of the private sector housing team at LCC is a convicted criminal as she was convicted on 4 counts of benefit fraud in 2009 WHICH SHE CHOSE NOT TO DECLARE ON HER JOB APPLICATION later that same year, citing that " she didn't think she had to " and " this was confirmed by those she sought advice from"...
So we literally have criminals running the show at LCC!

Someone needs to write this movie script!!

Simon Topple

8:36 AM, 13th June 2023, About 10 months ago

Reply to the comment left by Ma'at Housing Solutions at 13/06/2023 - 07:26
This was a hit job organized by a very rogue developer.

The member of staff is still in post, which indicates to me LCC saw this as no impediment to her role or as a "nothing to see here move along". There's no connection or comparison to the nefarious crap Joe Anderson was getting up to.

Certainly with my interactions with her I've been very impressed with her knowledge and professionalism.

Simon Topple

13:33 PM, 13th June 2023, About 10 months ago

Reply to the comment left by Simon Topple at 13/06/2023 - 08:36
To clarify, "alleged" rogue developer.

Ma'at Housing Solutions

13:56 PM, 13th June 2023, About 10 months ago

Reply to the comment left by Simon Topple at 13/06/2023 - 13:33
Thank you for your comment Simon.
Given the evident lack of scrutiny by LCC's own Scutiny Committee of past and present maladministration at the Council, I beg to differ.
I take it you have not read Max Caller's report then?

GlanACC

8:59 AM, 15th June 2023, About 10 months ago

Reply to the comment left by Gary Dully at 16/05/2016 - 14:21As an (ex) software developer, I have had many instances of coming up against the Data protection rules. You can't just collect information from someone just because it might be useful. The collecting of mortgage roll number and mortgage provider details must be collected for a purpose (what if you had a loan of a private individual, would they like their details being released), you need to query why and make a complaint to the information commissioners office 0303 123 1113

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