NLA demands licensing delay in Liverpool as council criminalises Landlords

by Property 118

15:29 PM, 25th March 2015
About 4 years ago

NLA demands licensing delay in Liverpool as council criminalises Landlords

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NLA demands licensing delay in Liverpool as council criminalises Landlords

The National Landlords Association (NLA) is demanding that Liverpool City Council (LCC) postpones the launch of its city-wide licensing scheme – due to go live on 1 April – because its current application process would put every landlord in Liverpool in breach of the law.

The NLA claims that the current online application process provided by LCC does not meet legal requirements to allow landlords to comply with the new scheme. This would make landlords guilty of failing to obtain a licence and restrict their ability to regain possession of a property, which is a breach of the European Convention on Human Rights.

After seeking legal advice from David Smith of Anthony Gold Solicitors, the NLA has challenged the Council to provide a solution, before 1 April 2015, or to postpone the ‘go-live’ date so that landlords are not unnecessarily criminalised.

Richard Lambert, Chief Executive Officer at the NLA, said “after seeking legal advice, we believe that the Council has failed to meet its obligations in providing a suitable application process which meets the requirements as set out in law, yet it intends to make it an offence to manage an unlicensed property next week.

“This puts landlords in an impossible position of being unable to comply with the scheme, and consequently unable to use a section notice 21 to gain possession of a property.”

Following the NLA’s first letter, sent on 19 March, LCC issued a ‘downloadable’ application form which landlords can fill out and return to the Council.

Richard Lambert continued “as things stand, we’re strongly advising landlords to avoid the online registration route at all costs and to instead download an application form and fill it out manually in order to escape being put at risk.

“However, we’ve again written to LCC (23rd March) to demand that they implement an operational online application process immediately or postpone the launch of the scheme until they can provide a legal way for landlords to comply”.

The NLA first wrote to Liverpool Mayor (Joe Anderson) requesting dialogue to find a solution on 10th March, but has yet to receive a reply (24th March 2015).

The NLA is currently awaiting further response from LCC.liverpool



Comments

Tom Fielding

15:51 PM, 26th March 2015
About 4 years ago

I am a Liverpool landlord and the first official notice I received was at the beginning of March 2015 that I will need a licence for each of my property's from the 1st April ,total cost to me is 1x£450 8x£350 total £3250.00 which I don't have ,so if I register and carnt pay what happens then .?

Cledwyn Williams

16:04 PM, 29th March 2015
About 4 years ago

Reply to the comment left by "Tom Fielding" at "26/03/2015 - 15:51":

This is nothing more than an extra tax that will eventually be passed on to tenants who are usually struggling to pay the current rents. LCC are only able to see extra revenue for themselves and ignoring the social and financial upheaval that will be created in the wake of this deplorble. LCC's communication and timing is deplorable, I read of this "cunning plan" only a few weeks ago but it contained little information of requiremnts and legality. I only hope common sense will prevail.

JOHN STAFFORD

19:54 PM, 30th March 2015
About 4 years ago

I also am a Liverpool landlord fortunately with only one property. In 2013 I completed the landlord registration with the City of Glasgow council, the charge was 59 pounds. I therefore cannot see how Liverpool CC can justify a charge of 400 pounds, however as has been pointed out rents will rise to cover the additional overhead expense.

A quote from a politician of the past " The problem with socialist governments is that they always run out of other peoples money"

Mrs Property

22:13 PM, 30th March 2015
About 4 years ago

I did n't receive any notification, I happened to notice it as a one liner in last week's Sunday Times.

There seem to be various areas of confusion between the terms of the licensing and the requirements for accreditation (so as to save £200 over the licence term), eg whether electrical installation inspections/certification (not just PAT) needs to be annual, every 5 years or in accordance with the recommendation on the last certificate. This too has significant added cost implications. As ever the landlord rather than the letting agent will be accountable for compliance even though the latter is being paid to ensure compliance.

We have not increased the rent of our tenant of 3.5 yrs during his tenancy, but sadly for the tenant this will now necessitate an increase. Difficult to see how non-selective licensing of relatively new apartments is going to help tenants.

Also difficult to see how the flat fee is supposed to be absorbed equally by the rental income from small apartments up to large mansions, surely it will have a disproportionate effect on the rents of those who can least afford an increase? And how do the Scottish Authorities run their licensing scheme for around £60 for three years when Liverpool council seem to need £400?

Tom Fielding

9:09 AM, 31st March 2015
About 4 years ago

The tru cost is £450 for your first property then £350 per property after,but if you register with c.l.a.s.s which is run by LCC the £350 price drops down to £200 ,but you will need gas,epc,electric certs plus letter off GOD and be submitted by today at the latest BEST OF LUCK.


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