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Licensing Schemes in Turmoil After Landmark Judgment

The High Court in London has overturned Enfield Council's plans for additional and selective licensing schemes, which would have applied to all private rented property in the borough.

Announcing his findings, Judge McKenna said that 'the implementation and operation of an unlawful designation is a continuing unlawful act'. He found that Enfield Council had failed to consult the persons who should have been consulted (including in the six surrounding boroughs) and did not consult for the required time. The hearing took place on the 26th November 2014 at the Royal Courts of Justice, with the judgment announced on the 11th December 2014. Judge McKenna also refused permission for Enfield Council to appeal against the decision.

The council's scheme would have required landlords to hold a £500 five-year licence from the authority for each property they owned. Non-registration by a landlord could incur a £20,000 fine alongside a criminal record, with any breach of any of the licence conditions resulting in a £5,000 fine. The scheme was set to commence across the whole borough of Enfield in April 2015.

What is remarkable is that this landmark judgment was gained by Constantinos Regas who is a landlord of just one HMO property in the borough of Enfield.

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