A group of Thurrock landlords have lost their final chance to challenge the Essex borough’s selective licensing scheme and must now stump up £7,500 in legal fees.

The High Court has dismissed another judicial review claim, ruling that the council’s scheme was lawful, leaving the landlords with no other option but to pay up. The group had sought an oral hearing to challenge the High Court’s previous written decision to dismiss the claim in March, leaving the authority able to start implementing the scheme. This now means there is no chance a judicial review can go ahead.

The court has also ordered them to pay the council £7,500 in costs, which will be used to fund council services. A council spokesman says: “We know most landlords will meet this standard, and the council will continue to work with landlords to fully implement the scheme following months of uncertainty caused by the claim.”

Wards

Under the scheme, all private landlords operating within the designated wards need a £1,034 licence, except Little Thurrock Blackshots, Orsett, Stifford Clays, and Tilbury Riverside and Thurrock Park. Those who leave their property unlicensed for at least 12 weeks will have to stump up £1,767.

In January, the group of landlords initially managed to halt the scheme – which was due to start that month - forcing the council to respond to a legal claim. The authority was ordered not to implement or enforce it.

Junaid Ishfaq, partner at letting agent Rentigo, helped to co-ordinate the legal claim to apply for interim relief and told LandlordZONE that 193 landlords had backed the move and helped with costs. They were particularly against the high fee and the fact the council had picked out certain wards.

Opposed

During the consultation, 29% of respondents opposed the scheme, with 75% of landlords and letting agents arguing that the fee was too high. Some argued that they would have to pass on the extra costs in higher rents.

However, Thurrock Council believes selective licensing will directly contribute to reducing anti-social behaviour and repeat incidents as well as improve property standards and tenant safety.

Last year, a similar legal bid to prevent a selective licensing scheme by landlords in Scunthorpe against North Lincolnshire Council failed.

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