A dispute between a landlord and Nottingham City Council over Gas Safety regulations and selective licensing has nearly left a tenant and their child homeless. The landlord, Mick Roberts, has expressed frustration at the council’s handling of housing law, with further tenants now facing eviction notices amid ongoing administrative challenges.

Gas Safety Certificate Dispute

Mick Roberts, a Nottingham landlord, reports that council officers challenged the validity of a property’s Gas Safety certificate, despite regulations introduced in April 2018 allowing checks to be conducted up to two months before expiry without affecting the renewal date. This misunderstanding has delayed efforts to rehouse tenants and complicated the landlord’s compliance process.

Mr Roberts highlighted that the council’s rigid interpretation of the Gas Safety Regulations has caused unnecessary delays, even though the documentation was compliant. He described spending around 20 hours resolving what he considers a straightforward case, emphasising the inefficiency caused by the council’s stance.

Issues with Selective Licensing

Alongside the Gas Safety certificate dispute, Mr Roberts faced demands from the council to obtain a selective licence for a property that was unoccupied and had no tenant in place. He argues that licensing requirements only apply once a property is occupied, making the council’s request incorrect.

The landlord also raised concerns about the financial implications of this approach. Applying for a selective licence on an empty property costs £900, which becomes potentially invalid if the property is sold shortly after. The incoming landlord would then need to apply and pay for a new licence, effectively doubling the cost. Mr Roberts described this situation as “bonkers.”

Tenant Impact and Evictions

Mr Roberts expressed frustration that tenants are being forced to make multiple trips to council offices to resolve paperwork issues. He recounted one tenant who made three separate visits with five children, only to be told initially that the tenancy documentation was insufficient, before it was later accepted unchanged.

Due to these ongoing difficulties, Mr Roberts plans to serve ten Section 21 eviction notices in the coming weeks. However, he hopes that if the council corrects its paperwork handling, many tenants might remain in their homes under new landlords with council assistance for deposits and upfront rent.

Council’s Understanding of Housing Law

The landlord criticised the council’s apparent lack of knowledge regarding housing regulations. 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.”

Mr Roberts acknowledged that mistakes can happen but expressed frustration at the council’s unwillingness to reconsider their position, stating, “It is so annoying when the council sticks to their guns and will not be open to listening ‘just in case they are wrong.’”

What this means for landlords

This case highlights the challenges landlords may face when local authorities misinterpret or rigidly apply housing regulations, particularly around Gas Safety certificates and selective licensing. It underscores the importance of clear communication and understanding between landlords and councils to avoid unnecessary delays, costs, and risks to tenants’ housing security.

Landlords should be aware of the specific rules governing Gas Safety checks and selective licensing requirements to ensure compliance and to challenge any incorrect demands promptly. The financial and administrative burdens caused by such misunderstandings can have significant consequences, including forced evictions and increased costs during property sales.

Source: Based on reporting from Property118

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