Selective Licensing Inspections – Council Fines?

Selective Licensing Inspections – Council Fines?

0:02 AM, 26th September 2023, About 7 months ago 24

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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


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Comments

David Houghton

10:07 AM, 26th September 2023, About 7 months ago

So to be clear, you do not have the legal authority to let the council in to the flat?

The first thing I would do is file a formal complaint to the council.
Point out that the council are acting illegally and that you do not have legal right of entry. Usually they will back down

Further is this a continuous offence or does the sis month time limit (s127 magistrates court act) kick in?

Kulasmiley

10:16 AM, 26th September 2023, About 7 months ago

Ask to speak to the senior supervisor of the officer who refuses to attend to inspect. Put that in writing. Also maybe speak to your local MP to intervene as to why the council is acting this way, as you are providing much needed accommodation to your tenants.

Request again a reinspection with a different officer.

Shaun Hales

10:17 AM, 26th September 2023, About 7 months ago

That is unfortunately the attitude of most councils and authorities in general, to cite the law and immediately threaten you. I assume if you take keys and enter yourself stating this prior via a confirmed email that under such act the council are granted access, then unless they respond refusing you can let yourself in and let the council officer explain to the tenant hiding inside why they are allowed in. There are cases where fines have been fought and won using the evidence of your co operation and repeated attempts to comply, ask AST Assist if you have a case. Councils tend to be all stick then roll over as soon as someone creates more cost and work than it’s worth. Good luck and let us know how it goes.

Crouchender

10:51 AM, 26th September 2023, About 7 months ago

Reply to the comment left by Shaun Hales at 26/09/2023 - 10:17
My tenant refused the council bod entry because they did not want their 'quiet enjoyment' disturbed by the council as they were happy with the flat as they wrote directly to the council and also stated if they were unhappy with the flat then they would contact the council for an inspection request.

The council never inspected again or pursued me as I had done my bit of 'asking' the tenant to allow access but they can refuse as per their right.

LaLo

10:55 AM, 26th September 2023, About 7 months ago

The council haven’t got on to £30,000 - unlimited fines yet? Can’t help thinking if they’re up to this trick now - what next? Since the 50% income from the government has gone - they’re after money from anywhere! I sold up as wasn’t worth the worry - god knows which shop doorway the tenant ended up in!

Andrew Clark

11:00 AM, 26th September 2023, About 7 months ago

Appeal, appeal, appeal!
It costs £100 to appeal.
It will probably go to mediation first, but should it eventually go before a judge he will be far more understanding. It’s highly likely the council will withdraw the proposed fine before it gets that far.
Councils are in the business of raising money from Landlords - an easy target at the moment. They aren’t in the business of being reasonable!

Neilt

11:17 AM, 26th September 2023, About 7 months ago

I had a similar inspection request from the council for 4 of my flats. Firstly I advised each tenant in writing that I would be entering the property with a council inspector to do a quick 'safety check' for their benefit. That way if the tenant wrote back and refused us entry one would think that it'd take the LL out of the equation.
On the day, I attended personally to make sure that everything went down okay. And it did.
I also find that not employing an agent and dealing with your tenants directly makes for a much better hands-on relationship making tenants more likely to comply with your reasonable requests.

Crouchender

11:31 AM, 26th September 2023, About 7 months ago

Rarely do selective licence inspections (remember it is low risk safety property vs 3-5+ bed HMOs) result in all clear/100% green ticks by council clipboard bod as the council will slap as many improvement notices they can. No matter how OTT they may be as it looks good for their 'review' figures to say 100 properties inspected and 95% issued with notices. End result being they build a better case for wider/ borough-wide SL scheme. More income generation for councils locked in for the future.

This was one of the reasons my tenant refused as they know the rents have increased as a result of SL scheme and would go up again to pay for any so called 'improvements'

Dylan Morris

11:41 AM, 26th September 2023, About 7 months ago

Well the first thing I’d be doing is speaking directly to your tenant asking what the hell he/she are playing at. And that they’ve caused you to receive a £3,500 fine.

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