A dispute involving Nottingham City Council over Gas Safety regulations and selective licensing has nearly left a tenant and their child homeless. The landlord involved, Mick Roberts, has expressed frustration with the council’s handling of housing law, which has also led to more tenants facing eviction notices.

Dispute over Gas Safety Certificate

Mick Roberts, a landlord in Nottingham, reports ongoing difficulties with council officers challenging the validity of a property’s Gas Safety certificate. Despite regulations introduced in April 2018 allowing gas safety checks to be carried out up to two months before the certificate’s expiry without changing the renewal date, the council has disputed this interpretation. This disagreement has delayed efforts to rehouse tenants and resolve tenancy issues.

Challenges with Selective Licensing

Alongside the gas safety dispute, the council requested a selective licence for a property that was unoccupied at the time. Mr Roberts argues that selective licensing requirements only apply once a property is occupied by tenants. He highlighted the financial implications of this misunderstanding, noting that applying for a licence on an empty property costs £900, which could become invalid shortly after if the property is sold. The incoming landlord would then face the same licensing fee, effectively doubling the cost unnecessarily.

Impact on Tenants and Landlord

Mr Roberts detailed the strain placed on tenants, including one family who made three separate trips to council offices with five children, only to be told repeatedly that their tenancy paperwork was insufficient before it was eventually accepted unchanged. He expressed frustration at the council’s unwillingness to reconsider their position, stating, “I want the council to get their understanding of the paperwork right to save this 20 hours or so it took me last week on very simple case.”

Evictions and Future Concerns

Due to these ongoing issues, Mr Roberts plans to serve ten Section 21 eviction notices in the coming weeks. However, he hopes that if the council corrects its approach to paperwork, many tenants may be able to remain in their homes under new landlords, with council assistance for deposits and upfront rent. Reflecting on past practices, he noted, “Twenty years ago, I let tenants move in and pay me at the end in four weeks or 12 weeks when the housing benefit started paying in arrears.”

Council’s Knowledge of Housing Law Questioned

Mr Roberts criticised the council’s apparent lack of understanding of housing regulations, particularly regarding selective licensing and gas safety. He said, “The council is also asking for a selective license before the tenant has moved in. This is incorrect and the fact that no one in the council appears to know the rules is making me poorly.”

What this means for landlords

This case highlights the challenges landlords can face when local authorities misinterpret or rigidly apply housing regulations. Delays and disputes over documentation can lead to unnecessary costs, tenant distress, and increased risk of eviction. Landlords should be aware of the precise legal requirements around gas safety certificates and selective licensing to better navigate interactions with councils. Clear communication and documentation remain essential, but councils must also ensure their staff are fully informed to prevent avoidable conflicts.

Source: Based on reporting from Property118

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