Local authorities have been accused of ‘double-dipping’ by penalising landlords for housing breaches both under primary legislation and as a breach of licence conditions.

Landlord Licensing & Defence believes that while the practice is legal, it is ethically questionable. The firm’s licensing expert, Phil Turtle, says he increasingly represents landlords where councils have duplicated wide-ranging existing legislative requirements directly into property licences. The practice effectively creates two routes to prosecution or financial penalty for the same alleged failing.

Turtle explains: “Councils are double-dipping and legally untrained enforcement officers are creating dozens of new criminal offences so that not only can they prosecute landlords under the regime envisaged and set by the government, but they also get a second go by re-stating the existing law as a licence condition.”

Licence

He adds: “Obviously the more things councils can stuff in the licence - that can be breached - the more opportunities there are to issue civil financial penalties.”

Landlord Licensing & Defence says duplication frequently occurs across HMO Management Regulations, EICR rules, EPC requirements, Gas Safety law, tenancy deposit obligations, prescribed information duties, pest control legislation and the Regulatory Reform Fire Safety Order.

It has persuaded a small number of councils such as Southwark to amend licence wording to prevent dual enforcement. This states: ‘Where there is a lack of compliance, and a condition is a reminder of primary legislation or regulation, enforcement will be under the Primary Legislation and not as a breach of this licence.’

Agree

However, most will not do so. Turtle adds: “Even if councils agree to only use one mechanism, it should be the one the government intended and not the ‘easier to get’ one of licence condition breach. We call on all councils to…stop giving themselves powers to double dip…and put in the clause we recommend.”

The Renters’ Rights Act strengthens authorities’ powers to investigate suspected breaches while increasing the number of civil penalties they can impose. It also imposes a duty on them to enforce landlord legislation.

LGA

Councillor Tom Hunt, chair of the Local Government Association’s Inclusive Growth Committee, says the vast majority of landlords are keen to do right by their tenants – ensuring that their properties are up to scratch and meet requirements.

“However, where councils deem landlords have broken laws, it is important that local government is able to take sufficient enforcement action,” he tells Landlord ZONE. “Landlord licensing schemes are one of a suite of tools councils may use to carry out the enforcement of the quality of housing.”

‍

‍