Local councils are incorporating existing national housing legislation into property licence conditions, creating a situation where landlords could face prosecution twice for the same offence, according to Phil Turtle of Landlord Licensing & Defence.
The practice involves councils copying requirements from primary legislation directly into licence conditions. Once incorporated, these requirements become strict liability offences under the licensing regime, allowing councils to pursue civil penalties of up to £30,000 per condition or seek unlimited fines through the courts.
Financial penalties
Turtle stated that his firm represents cases daily where local housing authorities have incorporated multiple pieces of primary legislation as licence conditions. “These are all pieces of existing legislation passed by Government, and each with their own specific enforcement regime specified by Government,” he said.
He noted that average fines for breached conditions currently stand at approximately £12,000 per condition. The practice creates two potential enforcement routes for the same alleged breach – one under the original legislation and another as a licence condition violation.
Legal framework
While the practice operates within current legal frameworks, Turtle described it as creating “dozens of new criminal offences” through local enforcement officers. He characterised the approach as “double jeopardy,” stating: “whilst sadly not illegal, is immoral and is not acceptable.”
Landlord Licensing & Defence has secured agreements with a limited number of councils to include clauses specifying that where a condition mirrors primary legislation, enforcement will proceed under that legislation rather than as a licence breach. The London Borough of Southwark was the first to adopt such wording.
However, Turtle indicated that many councils have declined to implement similar clauses when requested. The firm is advocating for sector-wide adoption of the protective wording to address the dual enforcement issue.
