New landlord registration contravenes Human Rights Act

by Readers Question

15:03 PM, 10th April 2018
About 8 months ago

New landlord registration contravenes Human Rights Act

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New landlord registration contravenes Human Rights Act

The new landlord registration contravenes Human Rights Act and Part L of environmental pollution legislation.

The right not to be discriminated against and the right to self determination are being heavily compromised with the new registration scheme. Good landlords far outnumber bad ones, yet all have to pay in time, money, and deflection from life’s advancement and liberties with this new scheme. Landlords should fight back, there is considerable law on their side.

Because the councils do not have the resources to target bad landlords directly, they are using the available resources of good landlords to achieve their ends. This is wrong. Bad landlords should be pursued without cost to the good landlords. One should not be discriminated against because I am acting responsibly.

I would suggest landlords consider this and warn local councils of this view and the law, and that local councils should now be mindful of cases brought against them under Human Rights (of Landlords!) and the huge financial penalties to councils if they lose.

Also, to conduct a wild ‘catch-all’ chase of this nature costs unnecessary greenhouse gases, and the councils are therefore further guilty of environmental pollution through poor organisation – setting up huge edifices of bureaucracy that are unnecessary and wholly disproportionate.

This contravenes Part L of the need to act with environmental balance and minimising greenhouse gases.

Dr Jones



Comments

Paul Shears

23:54 PM, 10th April 2018
About 8 months ago

I love this!!!
Set the bureaucrats on the bureaucrats!
Whilst they are kept occupied chasing their own tails, they will fail to notice that each year, they are reducing in numbers.
This is certainly true for local councils at any rate. :).
Great stuff.
My enemy's enemy is my friend.
Perhaps we could do some sort of collective effort on this.

Miascot

7:47 AM, 11th April 2018
About 8 months ago

I agree
Landlords face discrimination at every turn!
S24 being the most obvious - I think if we didn't pay our taxes collectively and sent some landlord lawyers to court on our behalves it would be overturned.
We could do this with every new piece of crap they throw at us.
We have had landlord registration in Scotland for many years and there are countless unregistered landlords in every street. Sometimes you need to discuss communal repairs, you phone landlord registration for the landlords details and they say the flat is not on the register; you ask them why as you know it is a let flat and they say it is not their problem????? A lion with no teeth!
I asked my buddy who basically runs a neighbouring council why landlord registration are not interested in collecting the £50k fine? I said I would become a bounty hunter and deliver thousands of unregistered landlords and we could go halfs on the fine, make me rich and he can pay folk to cut the grass in the parks again - he said they would not go to court in case they lost. Basically the honest ones pay and the dishonest don't bother.
Same with HMO regs, fire regs etc etc why do we have to fit heat shields, inter connected fire alarms, do legionnaires checks yet the council and housing associations dont? one rule for them and another for us which is clear discrimination
Time to go to court!

Luke P

8:09 AM, 11th April 2018
About 8 months ago

Assuming, Dr Jones, you’re discussing the likes of fees for selective licensing being used for enforcement purposes to pursue the bad/unlicensed landlords, this IS now possible (as confirmed by the ECJ & Supreme Courts). I’ll reply in more detail once at my desk. It’s not morally right, but legally it is.

Sean Graveney

9:18 AM, 11th April 2018
About 8 months ago

Which environmental legislation are you referring to?

Luke P

10:08 AM, 11th April 2018
About 8 months ago

Reply to the comment left by Sean Graveney at 11/04/2018 - 09:18
OP/Dr Jones, you need to clarify what landlord registration you're talking about.

Rob Thomas

10:49 AM, 11th April 2018
About 8 months ago

Much as I disagree with the ever increasing burden of regulation on landlords, the idea that it constitutes a breach of private landlords' human rights is ridiculous. Lots of industries have suffered increased regulation and new taxes. If you look at the Human Rights Act, it does not provide the right not to be regulated, even if you think that regulation discriminates against your industry.

You also fail to explain why regulation causes increased greenhouse gases. The point again is ridiculous I'm afraid. Let's stick to reality and not go off on these wild goose chases.

Let's keep making the point that the PRS is subject to rules that apply to neither social housing or owner-occupiers, which is inherently unfair and that it is tenants who will suffer most as a result of needless regulation and unfair taxes.

Paul Shears

11:15 AM, 11th April 2018
About 8 months ago

Reality is inherently unfair and unreasonable. The best that can be achieved in much of this increasingly idiotic world is to give the time wasters some distraction therapy to occupy them. That's as good as it has been forever.

Rob Thomas

11:43 AM, 11th April 2018
About 8 months ago

Reply to the comment left by Paul Shears at 11/04/2018 - 11:15
Assuming that Dr Jones is not eligible for legal aid, he/she might find the cost of retaining counsel in a human rights case a tad expensive. But don't let me stop anyone.

Tony McVey

13:03 PM, 11th April 2018
About 8 months ago

We live in an age of increasing regulation. Nowadays, many business activities are subject to this. Would we really not want restaurants
to be inspected? The arguments advanced by Dr. Jones are entirely unconvincing. It is true that most landlords are opposed to selective
licensing as we believe that Local Authorities already possess a plethora of legislative powers to deal with such "rogue" landlords as actually
exists, but this is a far cry from being able to formulate a convincing case that selective licensing is illegal.

Dr Kevin Jones

15:34 PM, 11th April 2018
About 8 months ago

Reply to the comment left by Luke P at 11/04/2018 - 08:09
indeed it is the selective licensing

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