8th
Nov 2014
Despite having part of his challenge of Enfield council's licensing scheme being successful , the landlord is not giving up in seeking a full judicial review of the whole licensing scheme that is planned.
The landlord who spearheads the Campaign Against Landlord Licensing in Enfield, Constantinos Regas, did partially gain victory when he applied for judicial review of the scheme.
However it was for only a part of the selective and additional licensing, scheme, the judgement still meant that private landlords would have had to obtain a £500, five-year licence from Enfield council for every single property that they own.
Mr Justice Ousley presiding at the Royal Courts of Justice in October, granted Mr Regas the right to challenge the additional licensing of homes in multiple occupation. However he dismissed the challenge to the council’s selective licensing scheme, which means that this can now go ahead for single private rented households.
Mr Regas is adamant that he will be carrying on the fight and will be appealing against the judgement regarding the single private rented households' part of the scheme which will be implemented.
Mr Regas said: “I believe the scheme is unlawful, irrational and unreasonable,” he said. “I don’t think that the scheme meets the legal test set out in the Housing Act and the evidence about antisocial behaviour does not support the plan.”
The requirements for landlords to be awarded a licence, besides payment of the £500 fee per property, is that the health and safety precautions are deemed in order and to supply references from tenants. They must also reassure the councils that they have structures and mechanisms in place to offset antisocial behaviour and environmental crime.
Mr Regas says that because of the necessary remits then ultimately, the overall number of tenants could be limited for private rented housing.
However, Mr Regas believes that this would also limit tenants in what they could do in privately rented accommodation.
He said :“There are conditions in the plans which say that vans cannot be parked on driveways – but what about tradesmen who rent?”
“And to have to display the licence in the property would limit how tenants could decorate their homes.”
The council, like Mr Regas, stays resolute about their plans and says that without the scheme the borough would not be able to stem antisocial behaviour,.
Cabinet member for housing, Ahmet Oykener, said: “The council remains committed to vigorously defending my challenge to plans to introduce much-needed licensing of the private rented sector. “We have been successful once in court and our expert independent legal advice is that we will be again.”
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