Selective Licensing Inspections – Council Fines?

Selective Licensing Inspections – Council Fines?

0:02 AM, 26th September 2023, About 8 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

GlanACC

11:56 AM, 26th September 2023, About 8 months ago

The tenant can refuse entry as it is thire right, however you have the right to inspect the property by giving the tenant the required notice. I assume this is why the council are being awkward. You have the right to enter the property even without the tenants property

Mike

12:58 PM, 26th September 2023, About 8 months ago

Councils generally give a 28 days Notice that they intend to inspect a property, this is in fact good as a tenant or a landlord can get things sorted out before any inspection, but after 28 days they could then drop in any time as they would not tell you when they would be coming, but having said this they don't normally visit on Saturdays or Sundays and at any reasonable time which would most likely be between 9am and 6pm.

I am due for an inspection, I was given a notice last month that they will inspect no sooner than 28 days, those 28 days have lapsed and another 25 days have gone and they have not turned up yet.

Also i understand that if no one was at home, they would leave a note for the tenants to rearrange a time for them to inspect, so in this case the tenants would be home to allow them in for inspection, This is the case with Newham Council, so I am not sure which council has given OP Mike a fine of £3500? Please why not mention that council?

Freda Blogs

14:38 PM, 26th September 2023, About 8 months ago

Reply to the comment left by Freda Blogs at 26/09/2023 - 11:10
Just clarifying my earlier comment with link - it is ironic that the Council is seeking to fine you for non access (yet you don't have a right to enter), whereas it appears the Council do have Powers of Entry - so its hard to see why they would not invoke that power and how they can substantiate a fine of £3500.

Cynically - is it ignorance or greed?

David Houghton

14:56 PM, 26th September 2023, About 8 months ago

Reply to the comment left by Freda Blogs at 26/09/2023 - 14:38
You are exactly right. It's council greed, with officers with little training or understanding of the law in its wider context. I'm an am ex HMO enforcement officer for Blackpool council. I don't have a high opinion of my colleagues legal knowledge. The best way forward would be for the op to challenge at tribunal. They will be qualified judges, and update us all. I think the council would back down way before then.

Mike

15:56 PM, 26th September 2023, About 8 months ago

First of all, the Council concerned is totally out of their mind, for these reasons:
1. You do not live at the property, so how could they even accuse you for denying them any access.
2. As a Landlord you cannot enter your property you rent without the tenants consent and you have to first notify the tenant by a written notice 24 hours to 48 hours for them to agree to your visit.
3. So they have no evidence or proof that you were at the property and you denied them access, so they have no leg to stand on, instead you should sue them for causing you unnecessary stress and harassment ask for componsation..
4.If they came, and no one answered the door, hhad they agreed with tenants what day and between what time slot would they turn up, have they got evidence that they turned up by leaving a card behind?
So basically I would strongly protest and threaten them with legal action for harassing you and seek componsation and court costs.

And finally yes anyone can deny them access if it is not practical or reasonable i.e. your wife may be having a tan lying on tanning machine fully unclothed, My wife was not doing that when I denied them access, they were stunned, they asked me twice if I am refusing them access, and I said yes I am, as I explained to them they cannot just butt in, they must notify me when they need to come to inspect. That is apparently true as it happened with me regarding my local council inspecting all sheds in my street for possible breach of planning such as running Beds in Sheds,

Teessider

22:56 PM, 26th September 2023, About 8 months ago

Reply to the comment left by GlanACC at 26/09/2023 - 11:56
It’s scary that there are people (landlords I assume) that believe they have a right to enter a tenant's home without their express permission.

GlanACC

6:53 AM, 27th September 2023, About 8 months ago

Reply to the comment left by Teessider at 26/09/2023 - 22:56
Yes you have, its in all AST contracts. You must give the appropriate notice. Its a contracted term, I have had to enter the property only once when the tenant refused to allow a gas safety check. Yes, the tenants is entitled to quiete enjoyment of the property and I agree with that BUT you are as a landlord entitled to make property condition checks.

Peter Fredericks

9:01 AM, 27th September 2023, About 8 months ago

What are the terms of the Landlord Licence the Council granted to you? Are you in breach or potential breach and, if so, in what respects? What remedy (if any) does the licence offer if you and the Council cannot agree? Even if you are in breach, is the relevant term of contract reasonable? Can they fine you for what might be an (honest mistake beyond your control? What are the dispute resolution and complaints handling arrangements and what is the timescale for making a complaint?
Does your landlord insurance policy cover legal costs for eventualities such as this?
Is it any wonder so many landlords are quitting when they are set up for fall like that? ... by Council jobsworths, most of whom would last all of five minutes in a proper job?

Fen Jen

12:26 PM, 27th September 2023, About 8 months ago

Why rely on the agent and the tenant for something som important. You should have attended yourself the second time to make sure access was given. Trying to appeal to the council is useless all they want is the money!!!

Mick Roberts

15:37 PM, 27th September 2023, About 8 months ago

That is unbelievable.

I'd go to your local Media. We had same in Nottingham but I think it was just £50 fines at the beginning.

I said
Hang on a minute. I've turned up. You've turned up. And the tenant has let us down? Who do u think is really paying that fine? Cause I'm not.
And the Media will know that tenants are having to pay these which the Council is charging for tenants letting us down.

Also this tenant is paying cheap rent. And if tenant refuses to pay your trumped up charge, then I'm giving rent increase to market rent, as his cheap rent doesn't pay your horrendous costs. And Media will know he's had a rent increase cause of your Selective Licensing conditions.

Think about this, I've done as requested, tenant has let u down, not me. And tenant never signed up to Licensing.

You've not said which Council either as others will want to know.

My tenants send em emails saying You not coming in, I don't agree with Selective Licensing.

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