The landlord licensing scheme in Enfield, north London, which has been the subject of heated legal debate in recent months, will be subject to a test case next week.
The High Court ruled in October that part of landlord Constantinos Regas's application to bring a judicial review against Enfield council's licensing scheme could proceed to judicial review.
The scheme requires landlords to hold a £500 five-year licence from the local authority for each property they own. Non-compliance carries a potential £20,000 fine and a criminal record, with breach of any licence conditions carrying a £5,000 fine.
It's now been announced that the review is to be heard on November 26.
The review hinges on a series of arguments put by Regas and his supporters including:
- if you should have a licence but don't have one, you may face criminal prosecution and be fined up to £20,000;
- letting agents and landlords will be charged up to £500 for a licence. The cost of this, and any further work required for the licence, is likely to be passed on to tenants. There are further charges for changes in the licence;
- one of the licence conditions is that tenants and any visitors to the property will not be allowed to use off-street parking for commercial vehicles;
- any breach of licence conditions will result in landlords or agents being fined up to £5,000 and licence revocation. The property could also be taken over by the Council;
- if the Council doesn't sell enough licences to meet the cost of the scheme, it will have to divert money away from essential services to pay for it;
- the granting of a licence does not mean that the Council has inspected the property. It could be unsafe but have a licence;
- if tenants are accused of antisocial behaviour (which may include rowdiness, littering, prostitution, drug-dealing), the landlord will have to investigate.
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