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Judge rejects latest legal challenge so council presses ahead with selected housing landlord scheme

Local News by Nub News Reporter 1 hour ago  
Judge Andrew Burns threw out legal challenge to council.
Judge Andrew Burns threw out legal challenge to council.
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THE latest bid by a collective of housing landlords in Thurrock has fallen on deaf ears at the High Court.

As reported on Thurrock Nub News last week, a second attempt was made by the landlords' representative, Akisia Divine, to challenge the council and she applied for further legal action in the hope of stopping implementation of the scheme, once more submitting a legal request for a judicial review. Ms Divine also submitted a request for a new injunction that would stop the council carrying out any work on the scheme.

However, today (Wedneday, 25 March Thurrock Council said the legal appeals had been dismissed and it would continue to implement its selective licensing scheme.

A statement from the council says: "Earlier this month a judge already declined permission for a Judicial Review brought by the claimant. The claimant has sought an oral review of that decision but also renewed her application for an injunction to suspend the scheme pending the court hearing.

"The High Court judge, Andrew Burns KC, refused the application for an injunction and, in his ruling, poured cold water over the prospects of renewal of the judicial review holding."

Judge Burns said: "The Claimant delayed in bringing the claim. The prospects of the renewal application look poor. The public benefit in the scheme continuing is strong and the financial and administrative prejudice to the defendant is very substantial if interim relief was granted.

"Conversely the claimant has not demonstrated credible prejudice to her or those she represents if the order is not made. In those circumstances there is a strong balance of justice and convenience against making an interim order. It is not just and convenient to grant interim relief in these circumstances."

Under the scheme, private landlords operating within the designated areas below, are required to obtain a licence to let their properties, excluding Houses in Multiple Occupation (HMOs) that are already covered by the existing mandatory or additional licensing schemes. 

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Due to the interim injunction that was in place, the Council has allowed Landlords an extended application period until Tuesday, 31 March at 5pm. Landlords who are required to apply for a licence but do not do so by this date could be subject to a civil penalty fine up to £30k or criminal prosecution for operating without the required licence. 

The Thurrock wards that fall under the scheme are: Aveley and Uplands, Belhus, Chadwell St Mary, Chafford and North Stifford, Corringham and Fobbing, East Tilbury, Grays Riverside, Grays Thurrock, Little Thurrock Rector, Ockendon, South Chafford, Stanford East and Corringham Town, Stanford le Hope West, Tilbury Riverside and Thurrock Park, Tilbury St Chads, and West Thurrock and South Stifford. 

Landlord or letting agents that need further assistance on how to apply for a licence, should contact: [email protected].  

     

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