Judge rejects attack on selective licensing, but gives permission for HMOs challenge

A High Court judge has refused to give a landlord permission to bring judicial review proceedings over a London council’s plans to introduce selective licensing across the borough.

However, Mr Justice Ouseley has given Constantinos Regas permission to challenge the London Borough of Enfield’s additional licensing of homes in multiple occupation (HMOs).

According to Regas, the judge found that Enfield’s cabinet decision was “arguably unlawful” and that “it should not be visited upon the landlords of Enfield”.

This challenge is due to be heard before the end of next month.

On the challenge to selective licensing, Mr Justice Ouseley concluded that this was unarguable and that it would be lawful for the scheme to be implemented.

“The judge commended the council on its thorough report and the care it had taken to consider the evidence and the consultation of local residents it had undertaken,” Enfield said.

Cllr Ahmet Oykener, Cabinet Member for Housing and Estate Regeneration, said: “This is an important victory for Enfield Council, and tenants because this scheme will help improve standards in private sector rented accommodation, drive down anti-social behaviour and enable the council to take action against landlords who do not meet the required standards.”

Regas said: "The judgement was long and complicated. There is no clear winner. It would be wise for Enfield Council to consider this judgment carefully. They estimate that 40% of private rented properties in the borough are small HMO house-shares.

“This ruling calls into question the financial viability of the scheme, as well as its enforceability. It is unclear how much council subsidy would be needed to make it work and I call on the council to scrap the entire licensing scheme."