Even More Flaws In Liverpool Landlord Licensing Exposed

by Larry Sweeney

20:00 PM, 26th May 2016
About 3 years ago

Even More Flaws In Liverpool Landlord Licensing Exposed

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Even More Flaws In Liverpool Landlord Licensing Exposed

This article was released exclusively on Property118.com at 8pm on Thursday 26th May 2016, the same time as my presentation to landlords attending my Liverpool Landlords Emergency Meeting. Please feel free to share it on social media networks. Press and media may contact me email in the first instance larrysweeney@swissmail.orgflaws

Thank you to Mark Alexander and Neil Patterson at Property118 for all their support in terms of helping me to promote this meeting and for giving me an audience to share my research.

The additional points being raised in relation to LCC Landlord Licensing are as follows:-

  1. LCC are no longer able to issue five year licenses as their scheme has only 3 years and 10 months to run. Nevertheless they are still charging for a 5 year licence.
  2. Condition 4 of the scheme rules relating to anti-social behaviour refer to a section 21 notice. Does this mean that landlords would be breaking the law if they entered into a corporate letting agreement where section 21 notice is not applicable?
  3. HMO applicants are informed on the LCC website of their right to appeal against a license or its conditions to the RPT (Residential Property tribunal). The selective License applicant is not informed of his right of appeal at all.

I will also be explaining how, on the back of a gigantic lie, LCC introduced selective licensing by insulting the people of Liverpool and downgrading the city by calling it an area of low demand and how and why Brandon Lewis Housing Minister changed the law after this to prevent any other authority abusing legislation as Liverpool have done.

Further flaws in LCC Landlord Licensing previously reported include …

A) Why the declarations on the LCC Landlord Licensing Application fall foul of the Data Protection Act. I will be issuing copies of the ICO letter to delegates and explaining why the application form does not meet any legal standards.

B) How the wording of the licence conditions could result in a landlord issuing a section 21 notice which would fail as a result of the deregulation act 2015

Where do we go from here?

There is little point listening to any guidance or utterances from LCC/RLA.

I suggest that Liverpool Landlords should request forthwith the return of all documentation signed either in hard copy or online to review what exactly they have signed, particularly in regards to the flawed Data Protection Issues and scheme rules I have highlighted above.

All applicants should, as is their right, and as advised by the NLA, request all new applications in paper format to be sent out and these new applications returned manually to ensure full and absolute compliance.

While LCC are dealing with this, all landlords should contact the Housing Minister to urgently intervene and halt this rogue authority.

We should also call for:-

  • a statement from Cllr. Ann O Byrne who was instrumental in setting up this licensing scheme
  • an independent investigation in to Liverpool landlord Licensing
  • the resignation of Cllr. Ann O Byrne.

RELATED ARTICLES

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Liverpool Landlord Licensing 2

Landlord Licensing Roadshow



Comments

Guy Bradley

8:48 AM, 27th May 2016
About 3 years ago

Larry, this is impressive work and demonstrates the deeply flawed thinking and implementation of the blanket licencing in Liverpool. I could not make it to Liverpool yesterday evening to show my support but I will do as you suggest above and I will certainly attend any further meetings. Keep up the great work.

Dr Rosalind Beck

9:31 AM, 27th May 2016
About 3 years ago

Yes, Larry, good on you for taking this on. You seem like a dog with a bone which is good news for landlords in Liverpool and may inspire others elsewhere. All the best with this.

Mandy Thomson

9:40 AM, 27th May 2016
About 3 years ago

It occurs to me that it could be argued that the statement within clause 4.3(g) stating that landlords MUST issue a section 21 (and providing no alternative) is ultra vires - beyond the legal powers of the council to make the requirement.

11:21 AM, 27th May 2016
About 3 years ago

I think that Liverpool landlords should do a smaller version of the 'Clause 24' - or indeed, why not approach Crowd Justice to see what they could do with a legal challenge ?
- It would surely be a much smaller and easier proposition than the Clause 24 action, and, wouldn't Landlords be entitled to costs if legal action found in their favour, - which is highly likely from what I've read here.
I don't have property in Liverpool but All landlords need to join in against the Liverpool action, because - who knows where is the next Council who decides from a financial perspective, to screw landlords.
Chris

Gary Dully

1:08 AM, 28th May 2016
About 3 years ago

I received an email from LCC today, saying that they had amended the forms, the scheme will continue and that they will be enforcing non compliance through the courts.

They then gave examples of recent prosecutions against primarily HMO landlords in Kensington etc.

I would suggest that urgent clarification or another attack via the courts is necessary.

I'm unusually unsure on how to proceed and would like perhaps a legal opinion on the forum to make a comment.

Michael Barnes

23:18 PM, 28th May 2016
About 3 years ago

Interestingly they call for a "section 21 notice" which, I believe, has no meaning.
They should refer to a " notice under section 21 of the Housing Act 1988", and should probably allow an alternative of a section 8 notice.

As the reference is incomplete, the requirement is probably unenforceable, especially as (I understand that) the landlord cannot seek rent arrears or compensation for damages under S21

Dr Rosalind Beck

23:34 PM, 28th May 2016
About 3 years ago

Ha! When we go to court we have to put up with all the petty technicalities - it will make a nice change if we can use the petty technicalities to our advantage. The law really is an ass.

Larry Sweeney

20:17 PM, 30th May 2016
About 3 years ago

Thanks to everyone who attended our meeting last week.
I also which to thank the following named who have made positive and helpful contributions. Luke P, Mandy from Croydon, Dr Rosalind Beck, Michael Barnes, Garry Dully, Chris Daniel and Guy Bradley.
I would now ask all Landlords not just Liverpool Landlords to urgently email the housing minister at amin.uddin@communities.gsi.gov.uk.
Please ask that the government now intervene to stop this rogue authority on the following grounds.
1/The DPA breach.
2/The flawed section 21 condition.
3/The breach of the housing act 2004 by failing to issue licenses within a reasonable time.

Finally to Mandy from Croydon in appreciation of her helpfulness and comments of support I shall shortly release my findings on Croydon Council Landlord Licensing Scheme.

22:49 PM, 30th May 2016
About 3 years ago

Larry,
If I can help in any way, drop me a line ( I'm located in London )
ChrisDanielLM@gmail.com

Mandy Thomson

15:21 PM, 31st May 2016
About 3 years ago

Reply to the comment left by "Larry Sweeney" at "30/05/2016 - 20:17":

Thanks, Larry.

I haven't had the chance yet to go through Croydon's rules as thoroughly as I would like, but next to the Liverpool scheme the rules at least (although not the inept administration demonstrated so far) are an exercise in consummate diligence and professionalism! 🙂 Jo Negrini brought the scheme with her from Newham, and the rules have been copied and pasted from that scheme.

Administered and run properly, I believe landlord licensing and registration in general is actually a good thing, but I am vehemently opposed to local authority schemes because from what I've seen they are to the detriment of landlords and the rest of the PRS, to put it most mildly.

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