Council launches judicial review over government decision not to renew city-wide landlord licensing scheme
Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.
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 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 council said.
Anderson 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 1 April after the government turned down the council's renewal application.
The city council said there were 51,764 property licences in force, issued to 10,074 licence holders, and its team conducted more than 34,000 compliance checks of properties. It identified 65% as not being fully complaint with licence conditions at first visit.
Officers also discovered 3,375 incidents of the most serious category 1 and 2 hazards across 1,971 inspections. These ranged from fire safety hazards to significant damp and mould, serious disrepair and excess cold issues.
The council said there had also been more than 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.
It revealed that all current cases that were with the council’s legal team would continue to be processed and taken to court where necessary.
Alongside the judicial review, the council said it was 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,” it said.
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.
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.”
Anderson added: “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.”
