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Landlords’ association warns council’s selective licensing plan is ‘unlawful’

Landlords’ Association Challenges Great Yarmouth Council’s Selective Licensing Scheme as ‘Unlawful’

A landlords’ association has formally challenged Great Yarmouth Borough Council’s proposed selective licensing scheme, describing it as “unlawful” due to withheld evidence during the consultation process. The Eastern Landlords Association, supported by the national Voice of Landlords Association (VOLA) and local MP Rupert Lowe, warns that the scheme could have significant negative impacts on landlords and the wider rental market.

Concerns Over Consultation and Evidence Transparency

The Eastern Landlords Association has raised serious concerns about the consultation process for the selective licensing scheme planned to take effect on 1 April 2026 in parts of Great Yarmouth. In a joint letter with VOLA to Housing Secretary Steve Reed and the council, the association criticised the council for withholding the key data underpinning the scheme throughout the consultation period.

Paul Cunningham, Chair of the Eastern Landlords Association, explained that consultees were unable to scrutinise the foundational evidence, including the methodology, assumptions, raw data, and modelling outputs. This lack of transparency, he argues, prevented meaningful feedback and contravenes Section 80(9) of the Housing Act, which requires councils to consider representations made during consultations.

Furthermore, the association claims the council’s evidence is based on outdated data from the 2019 English Housing Survey (EHS). The letter highlights that more recent EHS data from 2024 shows a 29% reduction in Category 1 Hazards in the private rented sector since 2018/2019, suggesting the council’s modelling may overstate current risks.

Implications of an Outdated and Burdensome Licensing Regime

The association also points out that the council has not accounted for forthcoming legislative changes under the Renters’ Rights Act, which will abolish Section 21 eviction notices and introduce a Private Rented Sector Database. These reforms are expected to improve property conditions, management, and accountability without imposing a broad licensing scheme.

Mr Cunningham emphasised that the council has a duty to consider all reasonable alternatives before designating an area for selective licensing. Ignoring the potential impact of the Renters’ Rights Act reforms, he argues, represents a failure to properly evaluate options as required by government guidance.

For landlords, the introduction of a selective licensing scheme can mean additional administrative burdens, fees, and compliance requirements. Such schemes often aim to improve standards but can also lead to increased costs and regulatory complexity, which may discourage investment in the private rented sector.

Local MP Voices Support for Landlords

Great Yarmouth MP Rupert Lowe has publicly supported the landlords’ association’s position. In a Facebook post, he expressed concerns that the selective licensing scheme could prompt landlords to sell their properties, potentially driving up rents and increasing the number of Houses in Multiple Occupation (HMOs).

Mr Lowe stated: “This selective licensing scheme from the council is simply not the answer. Of course, I support better housing conditions in the constituency, but treating landlords so unfairly is not the way. They will simply sell their houses, driving up rent and even opening the door to HMOs being bought up.”

He also indicated a willingness to collaborate with the council, landlords, and local residents to find a more balanced approach that benefits all parties.

Broader Context and Next Steps

The challenge from the Eastern Landlords Association follows similar actions elsewhere, such as the Leeds Landlord Lobby Group’s campaign to fund a judicial review of Leeds City Council’s selective licensing scheme. These developments highlight ongoing tensions between local authorities’ efforts to regulate the private rented sector and landlords’ concerns about fairness, evidence, and impact.

Great Yarmouth Borough Council has declined to comment on the matter when approached by Property118.

What This Means for UK Landlords

Selective licensing schemes can significantly affect landlords by introducing new licensing fees, compliance obligations, and potential penalties for non-compliance. It is crucial for landlords and agents to stay informed about local licensing proposals and participate in consultations to ensure their views and concerns are considered.

Landlords should also monitor legislative changes such as the Renters’ Rights Act, which may offer alternative routes to improving property standards without the need for extensive licensing schemes.

Upcoming TLA Initiative

The Landlord Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This platform will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers are invited to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/.

Source: www.property118.com

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