Landlords in Loughborough have won changes to conditions in Charnwood Council’s selective licensing scheme following a legal challenge.

Leicestershire-based AST Lettings challenged the authority on behalf of two landlords around specific conditions that it argued placed unreasonable burdens on responsible landlords and went beyond the council’s legal powers. They said those relating to fire risk assessments, gas safety, waste disposal, ongoing management and various other conditions went beyond the scope of the Housing Act 2004.

Following an agreed settlement - a few days before a First Tier Property Tribunal hearing - the council agreed to amend or remove disputed conditions from the selective licences in the scheme which was introduced in 2023 to Hastings and Lemyngton wards.

Legal

Landlords at fellow agent Freckeltons also helped with legal costs, supported by Richard Tacagni, of London Property Licensing, explains Stephen Nottridge, (pictured) director of AST Lettings.

“Our goal has always been to ensure a fair and transparent rental market for both tenants and landlords,” he says. “While we fully support the objective of improving housing quality, local authorities must operate within the law. This ruling provides much-needed clarity and ensures that licensing conditions remain proportionate and legally sound.”

Safety

Changes included a condition around electrical installation and safety which would have meant landlords calling an electrician out at the start of a tenancy, getting a fire risk assessment and requiring the licence holder to comply with all housing legislation. The landlords argued this was so widely worded that a breach of the Tenant Fees Act 2019 or the deposit rules would mean the licence holder/managing agent could be fined.

Nottridge tells LandlordZONE: “When I asked them, a lot of landlords and letting agents hadn’t read the conditions but would just pay the fee and file it away. This proves the importance of checking and getting professional advice, particularly as fines are going up to a maximum of £40,000 this week.”

The council will re-issue amended selective licences to more than 1,000 landlords to ensure common licence conditions. An announcement on its website explains: “Following an agreement reached at First Tier Tribunal in 2025, our selective licensing conditions have been amended. New draft selective licences will be sent out to all licence holders including the new conditions.”

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