21^st Nov 2018

An industry association has fired a warning shot to Great Yarmouth Borough Council when threatening to take the council to court over their ‘unlawful’ licensing plan, as they have serious reservations about one of its conditions.

The council is intending to include rented residences in areas of the Nelson electoral ward into its selective licensing scheme, costing landlords over £500 per property for a five year term, plus they will have to pay a monthly fee of £9.50 to the council's landlord support scheme.

The industry association is adamant that one of the conditions included in the licensing scheme's terms is 'unlawful', and has demanded in writing that the council must explain exactly why it is to be included.

Great Yarmouth Borough Council’s proposal to make it mandatory for licensed landlords to join its ‘landlord support service’ which is run on behalf of the council by a third party and the association strongly believes that this condition is illegal.

Doncaster and West Lindsay councils, amongst others, do contract delivery partners to run and enforce such schemes; however it is not mandatory for landlords to sign up to them as part of the conditions to become licensed.

The industry association believes that the council has no rights or powers to enforce such a condition, a spokesperson said: “We are asking for immediate clarification on the council’s position.

“If our understanding is correct we want the council to reconsider this aspect of the scheme and come up with a lawful alternative.

“If it will not we will move ahead and issue a claim for a judicial review on this basis.”


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