Selective Licensing Inspections – Council Fines?

Hello, can I please canvas opinions amongst members? I own two leasehold flats in the same building, within one of the designated selective licensing areas of the local authority.

Licences in respect of both flats have been paid for and the licences have been issued.

The local authority served Notices on me to gain access for “compliance inspections” in early July. Appointments to inspect both flats were fixed for the same day via my agent. The council inspector visited one of the flats, but the other tenant didn’t answer his door. The council served a further subsequent access Notice to re-inspect in the middle of July. My agent again made arrangements with the tenant for the inspection to take place. As far as I (and my agent) were concerned the inspection went ahead and until a week or so ago I had heard nothing further on the matter.

To my surprise (and complete annoyance) the council have issued me a Notice under Section 95 & 249a Housing Act 2004 of a “Notice of Intention to issue a Financial Penalty” for my failing to provide access to the flat on the date(s) specified. Suffice to say, had I received any immediate contact from the council officer, following the inspection difficulties or even at the time I could have dealt with the matter promptly. The Notice of Intention I have received sets out that the council believes I should pay £3,500 as a civil financial penalty under Section 126 and Schedule 9 of the Housing & Planning Act 2016, as I have breached the terms of my licence under Section 95 (2) of the Housing Act 2004.

The notice I have received provides until the beginning of October to appeal. I have since remonstrated with the council through email correspondence as to why they did not contact me immediately (they have my mobile telephone number and email address) when they were experiencing access issues. I have invited them over the past couple of weeks to name a date and time of their choice to reinspect prior to the response date to their Notice. To paraphrase their response they simply say we are far too busy dealing with other matters at the moment to schedule a new inspection date and re-emphasise that they believe an offence has been committed.

Have other members experienced anything like this? I am aware that certain powers exist for local authorities under this legislation to impose fines without going through the conventional court process. Whilst I don’t believe any fine should be imposed, the idea of a financial penalty of £3,500 appears absolutely ridiculous.

Comments please,

Mike