9th
Aug 2022
A group of landlords is threatening legal action against City of York Council because of its recently approved landlord licensing scheme which, as usual, is for the greater good of ‘themkind’ to drastically improve the city’s PRS homes.
The scheme is an extension to its HMOs license and will now apply to properties with less than five ‘dwellers’ across eight parts of the city.
Councillor Denise Craghill, the executive member for housing and safer neighbourhoods, said it was “a really important step forwards in improving the standards of accommodation and the management of properties in the private rented sector in York”.
However Andy Simpson, chairman of a York landlord association, told the local media that he has taken legal advice from housing law experts and been told that the new additional license is in fact unlawful, and there is a “strong case” for a legal challenge.
Mr Simpson said there are serious misgivings about the council’s data it had compiled to ‘back-up’ its decision via the consultation, and questions whether the council is using its powers effectively and how it would impact council tax paying residents.
He states that landlords would prefer a voluntary scheme run by an outside contractor and he had no idea of how the council’s cost of half a million per year could ever be self-funding.
In a meeting with councillors, he said: “These schemes look lucrative for local authorities but no licensing scheme [elsewhere in the country] has been self-funding. So you’re essentially asking York residents to part-fund this scheme through council tax.
“You can’t make an informed decision on a multi-million pound proposal that is essentially loss making with such a small statistical sample.”
After his meeting Mr Simpson stated that there is still chance of a legal challenge being taken up.
However Councillor Michael Pavlovic urged the council’s executive “not to be cowed by vested interests”.
The council notated a number of failures by landlords such as, inadequate room sizes, of not providing appropriate kitchens, toilet or bathroom facilities, lack of natural light, inadequate health and safety standards, minimum energy requirements or appropriate heating in the city’s private rented homes.
Pavlovic, said: “It cannot have come as a surprise that only 15 per cent of tenants and 18 per cent of non-tenants thought landlords maintain their properties to a good standard.
“Of course landlords don’t want to be further regulated, when did they ever? But you need to hold firm and not succumb to threats of legal action.”
Councillor Craghill added: “Voluntary schemes have been tried in the past and not worked. Licensing will not only significantly improve conditions for tenants, but will also improve the management of properties and reduce their impact on nearby residents.”
Labour leader Cllr Claire Douglas said the move was “tremendously important”.
The council’s head of housing delivery Michael Jones, said: “It is considered that the evidence presented is sufficient to pass a test of the Housing Act in implementing additional licensing.”
The eight wards subjected to the new licensing scheme are: Hull Road; Guildhall; Fishergate; Clifton; Heworth; Micklegate; Osbaldwick & Derwent and Fulford & Heslington.
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