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

Nervous Landlord

14:47 PM, 29th September 2023, About 8 months ago

Reply to the comment left by Mick Roberts at 27/09/2023 - 15:37
Thank you all for your responses.

I've filed my written response. If they don't compromise and serve a Final Notice on me to pay the £3500 fine, I will absolutely take them to the Tribunal.

I'll be happy to provide an update when I have one.

Jessie Jones

13:19 PM, 30th September 2023, About 8 months ago

GlanACC
Although the landlord has a 'right' to inspect their property, can they do this without a Court Order if the tenant expressly denies entry? In the same way that a landlord can repossess their property, they have to follow due process if the tenant doesn't vacate.
I would have thought that if the Council wanted to gain entry to a property where the tenant is refusing, or otherwise just not cooperating, then they would have to seek a warrant from the court.
I would be interested to hear if anyone has had any legal guidance on this.

David Houghton

13:31 PM, 30th September 2023, About 8 months ago

Reply to the comment left by Jessie Jones at 30/09/2023 - 13:19
Yep, that's pretty much the case on non emergency circumstances.

The problem here is this is an HMO.

In theory the landlord has a right of possession for the communal areas which was the target of legislation. This is fine where it's a bed sit type HMO. However an ordinary house where there is no area shared with landlord is also an HMO, albeit with zero common area. I had one like this and the fire service tried to implement their fire standards, after a bit of toing and growing the council served an HMO declaration. The fire service then went back, inspected and said blah blah. I pointed out ihad to knock on the door so their legislation did not apply.

Then the council tried to enforce the same, the tenant didn't want it, refused access. It then went to a residential property tribunal and the council had to pay my costs. I'd cote it as precedent but the council withdrew because the tribunal. The hearing (Preston) was because they refused my costs.

GlanACC

17:01 PM, 30th September 2023, About 8 months ago

Reply to the comment left by Jessie Jones at 30/09/2023 - 13:19Jessie, the issue I had was trying to get a gas certificate. The scumbag in the property refused access (cos basically he had semi-trashed the property). I warned him we would be entering the property unless he let us in or if he carried on refusing we had very good grounds to turn off the gas supply - My gas chap said he 'could smell gas' whether he could or not was of little consequence, and we let ourselves in 'as an emergency' (good move this if you can get someone to back you up).

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