RLA threatens Great Yarmouth Council with judicial review

RLA threatens Great Yarmouth Council with judicial review

11:56 AM, 5th November 2018, About 5 years ago 7

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GREAT Yarmouth Borough Council has been threatened with a judicial review by the Residential Landlords Association (RLA), which has serious concerns over its selective licensing plans.

The authority is proposing to bring rented homes in parts of the Nelson electoral ward into the scope of selective licensing.

However, the RLA believes one of the conditions set to be imposed as part of the scheme is unlawful and has written to the council asking for urgent clarification.

The RLA believes the local authority’s plans to make it compulsory for landlords affected to join a ‘landlord support service’ run by a third-party delivery partner are unlawful.

While some councils do legitimately use delivery partners to administer and enforce schemes – notably in Doncaster and West Lindsey – these do not require landlords to become members of the partner organisation as a pre-condition of licensing.

The RLA believes the council has no power to impose such a condition – and pointed this out in its official response to the licensing consultation earlier this year.

In fact, the association believes existing rules do not even allow councils to ask whether landlords are members of such organisations.

RLA policy director David Smith said:

“We are asking for immediate clarification on the council’s position.

“If our understanding is correct we want the council to reconsider this aspect of the scheme and come up with a lawful alternative.

“If it will not we will move ahead and issue a claim for a judicial review on this basis.”

Under the current plans the new licensing scheme is due to be introduced with fees set at more than £500 per property for the five-year licensing period, plus a monthly fee of £9.50 to be paid to the landlord support scheme.

The scheme is 20 per cent more expensive via the delivery partner, as VAT is payable.


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Comments

Monty Bodkin

12:06 PM, 5th November 2018, About 5 years ago

https://liverpool.rla.org.uk/?msclkid=44e19ae5a0fa1607e8a3c105901419b6

Liverpool City Council has authorised the RLA to be an official Co-regulation partner, offering all RLA Co-regulation members up to 50% off all license fees

Mark Alexander - Founder of Property118

17:30 PM, 5th November 2018, About 5 years ago

So RLA attack the Selective Licencing Scheme NLA are in bed with and vice versa in other areas.

Are NLA and RLA taking this piss or what?

Best they kiss and make up and start fighting for landlords again. If not, what is the point of their existence?

Luke P

10:12 AM, 6th November 2018, About 5 years ago

Reply to the comment left by Mark Alexander at 05/11/2018 - 17:30
Amen, brother!

Tim

10:25 AM, 6th November 2018, About 5 years ago

This is intresting I agree with Mark here I was working with the Southern Landlord Association now known as IHowz fighting the recent Brighton and Hove City Council selective licencing scheme. Both the NLA and RLA were invited to the meetings with the council to help fight the case and both failed to turn up or help whatsoever.

The one thing they did manage to do was get their name on the discount section of the new additional licencign scheme if you have completed their accreditation course.

In conclusion both the NLA and RLA are pointless and only care about selling memberships or courses and offering no real landlord help fighting our cases. Save your money and join an association that will fight the landlords corner. In our case it was IHOWZ. As landlords we all need to fight these cases together be they tax change or licnencig or whatever the next issue may be with a landlord association who will back us whateve that landlord association may be.

Andrew

12:43 PM, 6th November 2018, About 5 years ago

Cornwall council decided on £1150 per licence. God knows where they plucked that figure from 😡

Tim

14:25 PM, 6th November 2018, About 5 years ago

Reply to the comment left by Andrew at 06/11/2018 - 12:43
I think I read on here about Nottingham council losing a court case for costs only (£77.17) on selective licencing after the landlord getting the actual costs from a freedom of information request to the council. I wonder if you could try a similar approach with other landlords in your area on your licencing scheme. Personally I believe we all need to get together and fight each and every case that comes against us it will soon change councils and government stances. We’re as landlords are simply seen as cash cows at present with the irony being all these extra costs ultimately go back the the tenants increasing rent and reducing housing stock as more landlords pull out of the private rented sector.

Luke P

17:00 PM, 6th November 2018, About 5 years ago

Reply to the comment left by Tim at 06/11/2018 - 14:25
Not if this Labour MP gets his way...

See Ros' latest post on https://www.property118.com/selective-licensing-scheme-overturned-brighton/#comment-107577

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