The Chartered Institute of Environmental Health celebrates a significant achievement as the government simplifies the process for councils to establish landlord licensing schemes.

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A recent government announcement ‘quietly’ included in the English Devolution White Paper, eliminating the need for councils to obtain approval from Housing Secretary Angela Rayner for larger selective licensing initiatives.

This change starts today Monday, 23rd December (Christmas cheer) which dismantles the existing system requiring councils to seek authorization from the Secretary of State for selective licensing covering more than 20% of the local authority area.

With a new general approval taking effect today, local housing authorities will now have the freedom to introduce licensing schemes of any size without government approval.

Mark Elliott, President of the Chartered Institute of Environmental Health, says: “We have repeatedly called for this specific change, for example in a letter to the Secretary of State in July. It will make a significant difference to the ability of local authorities to tackle poor housing conditions.

“The introduction of selective licensing schemes involves considerable uncertainty when the schemes are subject to the Secretary of State’s ability to veto them.

“We are delighted that the Government has now addressed this important issue.”

A spokesperson for a trade body, says that the new rules won’t improve housing standards – but will boost council coffers.

He said: “From today, any council can launch any selective licensing scheme they want with no need to get approval from the Secretary of State.

“All they have to do is one of their meaningless and rigged ‘consultations’ with almost always a totally unrepresentative sample of stakeholders, almost zero input from landlords or tenants and questions that don’t even hide the fact they are designed to get the answers the local authority needs to do what it intends to do anyway regardless of the opinions of stakeholders.

“The recent selective licensing ‘consultation’ by Leeds City Council was one of the worst examples with leading consultation questions this firm has ever seen.

“So, far from the private rented sector heading towards the national landlord database as a simple and workable alternative to selective licensing, we now are on the starting blocks for every council to require every rental property to be licensed under what will become 340-odd councils with 300-odd different licensing schemes.

“All with the covert aim of being able to criminally prosecute and fine landlords for breach of licence conditions – many of which in this firm’s experience constitute double jeopardy with exiting legislation, entrapment and councils offloading their legal responsibility for anti-social behaviour (ASB) onto landlords with no ASB skills or training and making landlords criminally responsible ASB in the entire area around their rental properties!

“Breach of a selective licence condition is a criminal offence with unlimited fines in the courts or councils can issue a civil penalty fine of up to £30,000 and keep the money for the cash-strapped council’s coffers.

“Also, that £30,000 fine is rising to £40,000 (and a minimum of £7,000) for most Housing Act offences under the Renters’ Rights Bill’s heavily upgraded enforcement provisions.”

He added: “It looks clearly like the councils will use this power to introduce a scheme to boost revenue collection from licence fees and fines which all landlords and, ultimately, tenants, must pay. Selective licencing schemes in England typically cost around £1,000 (£200/year) compared to the far better scheme in Jersey that is only £30/year.