The test case about landlord licensing, which ended in a north London council being told its scheme was illegal, has prompted a rethink from at least one other local authority.
The test case came about after a long-running bid by Constantinos Regas, the landlord of just one property in the borough of Enfield.
He brought the case against the local council after repeatedly speaking against licensing at a series of council meetings. Most recently he spoke at the council's cabinet meeting, where he warned councillors the council's cabinet that a judge had already found that part of the scheme was "arguably unlawful" and that they should not go ahead.
Shortly before Christmas the High Court ruled that Enfield had undertaken insufficient consultation for its policy to be implemented lawfully.
As a result, Croydon council in Surrey has now announced a 10 week new consultation process in its own bid to introduce landlord licensing.
Concerned that the consequences of the Enfield decision may hit its own plans, Croydon is now consulting with residents and businesses not only in its own patch but in the neighbouring boroughs of Lambeth, Southwark, Bromley, Merton, Sutton, Lewisham, Wandsworth, Tandridge and Reigate and Banstead as well.
The council's original consultation involved landlords and residents in Croydon alone. The new consultation will run until March 2 but any responses already submitted will be considered. The authority has not revealed how much this extensive new consultation is costing its council tax payers.
Croydon has around 30,000 private rented properties and the council has claims its scheme is designed to improve conditions for tenants, raise standards across the sector and toughen up enforcement powers against bad landlords.
Those renting out a property without a licence face fines of up to £20,000, while anyone breaking licence conditions could be prosecuted and fined up to £5,000.
Comments
Croydon Council have extended the consultation period without providing any further information on the proposed scheme. The Enfield ruling was clear that appropriate detail on the scheme is required before a scheme can be lawfully consulted on. I'd therefore expect any Croydon scheme to be overturned at Judicial Review on the grounds of poor consultation, in line with Enfield.
As long as everyone understands this 'Licence' is just another tax that will have to be passed onto the tenants as there is no reason for this tax to be paid by landlords, it is appalling that the voters allow this.....