For his persistent actions he has finally received written confirmation from the Information Commissioner, that when Liverpool councils process applications for the landlord licensing scheme, it is in serious breach of the Data Protection Act. This is the clause within the application form that landlord’s must comply with, that the Commissioner ruled was illegal.

‘2.6 I as the proposed licence holder, hereby authorise any statutory body holding information about me, which falls within the categories above, to provide this information on request by Liverpool City Council.’

In most cases a Selective Landlord licensing scheme protects the PRS sector as it ‘wheedles’ out the so called ‘rogue’ landlords and agents, therefore protecting the majority of honest landlords who provide due care and attention to their tenants needs.

It has been reported by BBC Radio Merseyside that since the last thirteen months when Liverpool first imposed the mandatory licence scheme, that it has only granted 1,200 licences out of more than 35,000 applications. The general consensus of opinion is that the scheme has not had any effect on any tenant’s circumstances.

This is a landmark victory not just for Liverpool landlords but for all across England and Wales. It has come to light that a particular landlord association worked with Liverpool City council as a regulator for their proposed scheme before its implementation, no doubt receiving a contribution for their assistance. One would have hoped that they would or should have been aware of the possibility of breaching the third protocol of the Data Protection Act.

All landlords should now study their applications to a licensing scheme to see if their council has also breached the Data Protection Act.

It now has to be seen whether Liverpool City council will act lawfully by contacting every single private landlord that has applied to join the licensing scheme, that they (the council) are in breach of the Act and offer some form of compensation. All licence fees must be instantly refunded, highly unlikely for the timescale, as council’s cogs turn extremely slowly. The council must now scrap their existing licensing scheme and issue an entirely new licence application form.

Who knows the council may even ask their ‘brother in arms’ landlords’ association to refund their fees as they are also complicit in issuing an illegal application form and process?

Any Liverpool landlord who is involved the application process should now pressurise the City council and demand compensation, a proper and valid explanation of how this has taken place, together with a new application form.

Larry Sweeney, the landlord responsible for this remarkable ruling is or has held a meeting in Birkdale Village in Southport on the 26th May.

He states that: ‘The licence and its conditions could quite easily result in a criminal prosecution for any landlord operating in Liverpool.’

The sole aim of the meeting will be to take this a stage further in ‘kicking out’ the onerous licensing scheme.

 

PIMS response - Should a Landlord be conducting themselves in in appropriate/illegal manner then the law already provides sufficient legislation. Provided the revenues 35,000 *  (Five Year Fees First property: £400 Each additional property: £350)are invested in Housing then such schemes could be positive. it all depends if such revenues are invested wisely. Landlords are warned not to ignore such schemes for non compliance means tenant eviction can be blocked and one could be liable to repay the tenant or the council any  rent received; by way of a rent repayment order. We consider such schemes over kill  and ill conceived but sadly the Liverpool Scheme is legal and all Liverpool Council have done is revised some words and presto back on track - see their response below.

 

 

 

 

The Information Commissioner’s Office (ICO) has recently written to Liverpool City Council (LCC) in respect of the wording on the application form used for the Landlord Licensing Scheme.

 

The ICO has asked that we clarify and review the wording used in our application process insofar as the forms could be viewed as appearing to seek the consent of applicants for the City Council to contact third parties and specifically a Disclosure & Barring Service (DBS) check. This is not and has never been the case. With this in mind, the ICO has asked the City Council to ensure that this is made clear to all applicants.

 

As a result we have now made the necessary revisions to both the online and paper application forms. We are also reviewing and updating the user guidance provided to applicants to ensure that it is made clear what this section of the application means.

 

The request from the ICO to revise and clarify the landlord licensing application form does not affect the validity of the application process, any applications made under the scheme or the scheme itself. The Landlord Licensing Scheme remains entirely compliant with all relevant legislative provisions and will continue to remain in force until 31st March 2020.

 

All licences issued to date under the scheme remain valid and existing licence holders are not required to submit new application forms. Liverpool City Council can also confirm that no data received from applicants under the scheme has been shared other than in accordance with the provisions of the Data Protection Act 1998 and associated legislation.''