Great Yarmouth landlords have demanded that the local council defend its upcoming selective licensing scheme or face a judicial review.

Eastern Landlords Association (ELA) has put the authority on notice of its challenge to the town’s scheme, which is due to launch on 1^st April, and has given it 14 days to respond.

It follows similar legal bids by landlords in Leeds and Thurrock and indicates the growing groundswell of opinion against local authority schemes.

ELA is challenging the council on eight grounds including why it says the council did not properly consider other courses of action and why it ignored consultation results. Its letter adds: “A rational authority would not have proceeded with a selective licensing scheme in the face of such high levels of local opposition from all stakeholders.”

Evidence

ELA reckons there is insufficient evidence that wards covered by the scheme are suffering from high levels of deprivation, and no analysis or explanation as to how licensing would improve housing conditions.

“It appears to be the council’s wish to impose selective licensing on the wards so as to shift the ‘costs of regulation’ into a scheme that is funded by landlords (and potentially their tenants because of consequential increases in rent) and away from the council’s general funds. This is an impermissible and unlawful purpose for a selective licensing scheme.”

It wants Great Yarmouth to ditch the scheme or if not, delay it for at least six months while the claim is resolved.

Respond

Chairman Paul Cunningham tells LandlordZONE: “If they choose not to respond we have the option of exercising the judicial review process, meaning they will waste more taxpayers’ money trying to justify the scheme, which is not relevant or necessary. If they do respond, we will go through it carefully, but we are prepared to take this to the end.”

He adds that the group has a legal team in place and is confident it can raise the necessary funds for a legal fight from members. It has already won the backing of local MP Rupert Lowe.  

The scheme will cover 5,000 homes in Nelson Ward, Central and Northgate Ward, Southtown and Cobholm Ward and eight streets in Great Yarmouth’s North Ward.

A council spokesman tells LandlordZONE: "The council has received a letter before claim from the Eastern Landlords Association as part of the pre-action protocol for a judicial review. We are currently reviewing the content of the letter and will be replying accordingly."

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