27 Jul 26
Contributed article from Des Taylor
A Selective Licence must always be represented against as it is not automatically correct and councils make errors which they can fine you.
A draft selective licence was issued and it contained a catalogue of errors.
The Notice of Intention said representations had to be made before a specified date.
That date was missing in the notice making it defective.
The Council then described Landlords Defence Limited as the managing agent.
It was appointed only to represent the licence holder, and make representations.
The proposed licence was shown as commencing on the same day as the Notice of Intention, before the representation process had even been completed, another common error seen all the time.
The carbon monoxide conditions were outdated, duplicated and contradictory.
One condition required the landlord to “demonstrate competence” without explaining what competence meant or how it would be assessed.
Another required “regular inspections” without defining how often they must take place.
The landlord was required to investigate “any” complaint, however unreliable or unsupported.
Landlords were expected to state allegations of anti-social behaviour in references, even where nothing had been proved.
The licence referred to a maximum occupancy level and had bit included any occupancy levels.
It required contact details to be displayed inside a self-contained family home, for what purpose, it is not a HMO.
It suggested the licence could be revoked if access for the Council was not provided, despite the landlord being unable to force entry against a tenant with exclusive possession.
Condition 6 even referred to possession proceedings under section 21, although the licence was issued after new section 21 notices had been abolished, subject only to limited transitional cases.
These are not harmless drafting mistakes.
Breaching a licence condition can lead to prosecution or a financial penalty.
- Every name matters.
- Every date matters.
- Every condition matters.
Never assume a licence is lawful simply because a council issued it.
Most are atrocious edited Word documents with wishful nonsense compiled by persons with overdelegated authority.
Caveat Emptor even when buying your selective licence.
