Liverpool to challenge Government’s Landlord Licensing ruling

Terraced houses

Liverpool City Council is to apply for a Judicial Review of the government’s decision not to renew its life-saving Landlord Licensing scheme.

The legal challenge has been filed with the High Court this morning (Friday, 3 April).

Mayor of Liverpool Joe Anderson said the council had “a moral obligation” to tens of thousands of residents living within the city’s private rented sector to ensure the pioneering scheme continued.

Communities Secretary Robert Jenrick turned down the application to keep the citywide scheme going until 2025 – despite it being backed by Merseyside Police, Mersey Fire and Rescue Service and the majority of residents who responded to a consultation.

The Mayor has instructed the council to pursue legal action after being unhappy with the minister’s “inadequate reply” when asked to clarify the government’s position.

Over the past five years, all property owners, landlords and managing agents in Liverpool have been legally required to licence any property unless a statutory exemption applied – but that ended on Wednesday, 1 April after the government turned down a renewal application.

There were 51,764 property licences in force, issued to 10,074 licence holders, and the council’s team conducted over 34,000 compliance checks of properties and identified 65 per cent as not being fully complaint with licence conditions at first visit.

Property condition fears were also confirmed as officers discovered a staggering 3,375 incidents of the most serious category 1 and 2 hazards across 1,971 inspections, affecting the health, safety and well-being of residents. These ranged from fire safety hazards to significant damp and mould, serious disrepair and excess cold issues.

There were over 300 successful prosecutions that led to fines and in one case a custodial sentence for offences including operating unlicensed properties, breaches of licence conditions and failure to comply with legal notices – of which more than 2,600 were served and 87 Civil Penalties were issued.

All current cases that are with the legal team will continue to be processed and taken to court where necessary. Alongside the Judicial Review, the council is actively looking at submitting another application to the government for a substantial landlord licensing scheme.

Until then, the city council will continue to use its statutory powers to provide help and advice for tenants and landlords, focusing on the licensing and inspection of the 3,000 houses of multiple occupation (HMO), as well as investigating complaints and referrals about private sector housing in Liverpool.

All existing licence holders renting out a property with five or more tenants, forming two or more households, require a HMO licence, in line with legislation introduced in 2018.

More information can be found at: https://liverpool.gov.uk/business/landlord-licensing/houses-in-multiple-occupancy/hmo-licence-guidance/ The new email address for the team is: privatesector.housing@liverpool.gov.uk

Mayor of Liverpool Joe Anderson, said: “The decision not to renew the Landlord Licensing scheme was a disgrace – it defied logic and has put the lives of some of our most vulnerable tenants at risk.

“As a result of the scheme, the safety conditions of 3,570 properties were improved but the scale of the issues we found is frightening and that’s why we produced the evidence to show why we need to continue the scheme.

“Despite asking for clarity from the Government, who always talk tough on housing standards, their reply has been totally inadequate and on behalf of all those residents who have benefitted from the scheme a Judicial Review has to be issued.

“The council has a moral obligation to protect people from rogue landlords. Many in the private rented sector are good landlords but unfortunately there is a sizeable minority that need to be tackled.

“Over the last five years our officers have come across people whose landlords are happy to take their rent while allowing them to live in appalling conditions with unsafe electrics, gas supply and no fire doors to protect them in the event that a blaze breaks out.

“The Landlord Licensing scheme has enabled us to create a team to be able to hit the streets every day and carry out inspections of properties and bring rogue landlords to book. It is not just about raising housing standards – it is about protecting and saving lives, which is why Mersey Fire and Rescue Service and Merseyside Police have been so supportive.

“This Government has already taken away £444 million of our funding since 2010 and has now weakened our power to improve housing standards for those who are part of generation rent to the bare minimum.

“All of the talk of devolution away from Whitehall rings hollow when we see ministers in London making vital decisions about cities like Liverpool and other areas they never step foot in.”