Background To Selective Licensing

The High Court Ruled Against Licensing Of Private Landlords In Enfield in 2014.

An Enfield Landlord has won the case he brought against Enfield Council via a Judicial Review that was heard on 26 November 2014 at the Royal Courts of Justice.  Judgment was passed on 11 December 2014 by His Honour Judge McKenna.

The Judgment of HHJ  McKenna can be found HERE.

Judge McKenna quashed Enfield Council’s proposal to commence additional and selective licensing in the borough. This would have required all private rented property in the borough to be licensed from 1 April 2015.

In the judgment, HHJ McKenna stated that: 

 "The implementation and operation of an unlawful designation is a continuing unlawful act which could be challenged by an affected landlord or indeed any other claimant with the necessary standing. Alternatively any landlord could simply refuse at any time in the future to apply for a licence and rely on the ultra vires nature of the designation as a defence if prosecuted ”. 

He found that Enfield Council had failed to consult the 6 surrounding boroughs, did not obtain the consent of the Secretary of State and did not consult for the required length of time. 

He concluded:

"I conclude that the additional and selective licensing schemes were not lawfully designated, nor can they lawfully be implemented unless and until Enfield (a) conduct a lawful consultation as required by ss.56 and 80; and, (b) having done so, obtains approval for a lawfully designated scheme (whether specific confirmation from the Secretary of State or under the General Approval)."

HHJ McKenna also refused permission for Enfield to appeal against the decision.  

Let us all hope that Enfield Council has learnt its lesson.

Here are the minutes of the meeting and resolutions passed by the Scrutiny & Overview Committee on 30 April 2014. CLICK HERE.

Enfield Landlords have now concluded a study in the London Borough of Enfield to identify the drivers of anti-social behaviour in the borough.  

Research question: Is there a link between tenure type of property and anti social behaviour in the London Borough of Enfield? 

Inclusion criteria: