Landlord defence lawyer says councils are copying national housing laws directly into property licence rules, exposing landlords to 'double jeopardy'.
19th Feb 20260 406 1 minute read Simon Cairnes
Councils are copying national housing laws directly into property licence rules, exposing landlords to the risk of double prosecutions for the same offence, according to Landlord Licensing & Defence’s Phil Turtle (pictured).
He says: “Every day we represent against licences where the local housing authority has regurgitated tens of different pieces of primary legislation as licence conditions.
“These are all pieces of existing legislation passed by Government, and each with their own specific enforcement regime specified by Government.”
Unlimited finesHe says once copied into a licence, the same requirement becomes a strict liability offence. Councils can pursue civil penalties of up to £30,000 per condition or seek unlimited fines in court.
“On average, we are seeing fines of around £12,000 per condition that is breached.”
Turtle argues this creates overlapping enforcement routes for the same alleged failing. “Councils are double-dipping and legally untrained enforcement officers are creating dozens of new criminal offences.”
Double jeopardy, whilst sadly not illegal, is immoral and is not acceptable.”
While acknowledging the framework is lawful, he questions its ethics. “Double jeopardy, whilst sadly not illegal, is immoral and is not acceptable.”
He says Landlord Licensing & Defence has persuaded a small number of councils to insert a clause confirming that where a condition mirrors primary legislation, enforcement will proceed under that legislation rather than as a licence breach.
Turtle adds, though, that the wording, first adopted by the London Borough of Southwark, should be adopted sector-wide. “Many councils, in response to our request to do the decent thing and put in the clause we propose, just flatly refuse.”
TagsSelective licensing schemes 19th Feb 20260 406 1 minute read Simon Cairnes Share Facebook X LinkedIn Share via Email
