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A Labour-led council has been forced to water down its selective licensing scheme for landlords after a court challenge.
Charnwood borough council implemented the scheme, which required landlords with just one tenant in an area of Loughborough to pay up to £700 to register their property, in April 2023.
But the council agreed to amend the scheme after a local lettings agent challenged the authority at a property court over specific conditions in the licences on behalf of two landlords.
Leicestershire-based AST Lettings said that conditions, including those relating to fire risk assessments, gas safety and waste disposal, “exceeded” the council’s statutory powers and placed “unreasonable burdens” on responsible landlords.
Stephen Nottridge, director at AST Lettings, said: “While we fully support the objective of improving housing quality, local authorities must operate within the law. This ruling provides much-needed clarity and ensures that licensing conditions remain proportionate and legally sound.
“Landlords need to read the licence carefully, and they need to get professional advice. Councils will just keep pushing and pushing to give themselves more powers, which they might not be legally entitled to.”
Six months after its scheme was implemented, Charnwood borough council said that it had received 954 applications for selective licences, raising more than £380,000 of revenue.
