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Council cracks on with landlord scheme despite latest legal challenge by campaigners

Local News by Nub News Reporter 1 hour ago  
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THURROCK Council has responded quickly to try and put context on latest claims by campaigners against the authority's selective licencing scheme for landlords.

The issue over the council's introduction of the scheme, which it says is an essential tool in raising rental property standards, goes back to last year. It has been controversial and has dipped  in and out of the judicial system.

A group of landlords sought and won an injunction pending a judicial review, which caused the council to pause implementation of the scheme.

However, last week the council announced the review had not been granted and it was resuming the scheme - and had extended a deadline.

Cabinet member for public protection, constitutional and civic affairs, Cllr Lynda Heath, said landlords who had not yet subscribed, waiting for the legal outcome, had been given an extended deadline to comply.

Cllr Lynda Heath

She said: "We welcome the court's decision, and are pleased that we can continue with implementing the scheme. The scheme provides a fair and proportionate framework that supports responsible landlords while raising standards and protecting our residents in the private rented sector. 

"I urge all eligible landlords to act fast and apply by the deadline as there is a fine of up to £30,000 if we find out that landlords have been operating without this licence. We are offering support with applications and want to work with landlords to avoid this." 

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That prompted the legal advisor to the landlords, Akisia Divine, to further challenge the council this week and she has applied for further legal action in the hope of stopping implementation of the scheme, once more submitting a legal request for a judicial review. And in the interim Ms Divine has submitted a request for a new injunction that would stop the council carrying out any work on the scheme.

But the council says it is confident in its position and says implementation of the scheme will continue. It told Thurrock Nub News today (Wednesday, 18 March): "The Council is entitled to continue with the selective licensing scheme. 

"Permission for judicial review has been refused and the application for an interim injunction dismissed.

"The claimant has renewed the application for permission for judicial review and requested it is heard orally, however there has not been any decision made by the court regarding this request and the Council is not prohibited from continuing with the scheme in the meantime. 

"The order of the Administrative Court dated 16 February 2026 which refused permission for the judicial review was clear in the reasons on these points."

In her correspondence with the council and courts Ms Divine makes the following points:-

"For the avoidance of any doubt, the Council is already fully aware that:

  • an oral renewal application has been filed;
  • the judicial review proceedings are ongoing and have not been concluded;
  • concerns have repeatedly been raised regarding the Council's conduct, including its communications to landlords and agents.

"Despite having been clearly notified of the above, the Council has continued to act in a manner that is wholly inconsistent with the ongoing judicial process.

"In particular, the Council has issued communications to landlords and agents confirming that the Scheme has 'resumed on 16 March 2026'.

"This has occurred:

  • after the Council was placed on notice of the Claimant's position;
  • with full knowledge that proceedings remain live and ongoing;
  • and notwithstanding its own representations before the Court.

"The Council previously accepted before the Court that:

  • the Scheme had been interrupted; and
  • a new implementation date would be required.

"The assertion that the Scheme has now "resumed" without any lawful implementation process is inconsistent with that position.

"Further, communications suggesting that the Scheme is operative and that compliance is required misrepresent the status of proceedings and create improper pressure on landlords.

"The Council's continued conduct, including the communication asserting resumption on 16 March 2026, will be placed before the Court.

"This will be relied upon as evidence of:

  • inconsistency in position;
  • procedural unfairness;
  • and ongoing prejudice to affected landlords."

A time line of related stories:-

13 March 2026: Council claims victory and says landlords scheme battle is over: https://thurrock.nub.news/news/local-news/council-declares-licence-battle-is-over-and-warn-property-landlords-they-face-a-ps30k-fine-290410

19 Feb 2026: Council resumes scheme: https://thurrock.nub.news/news/local-news/council-emerges-victorious-from-high-court-and-will-now-implement-controversial-landlord-scheme-288268

30 January 2026: Controversy continues: https://thurrock.nub.news/news/local-news/controversy-continues-over-selective-housing-scheme-with-landlords-and-council-offering-differing-opinions-2864258

27 January 2026: Council denies breach: https://thurrock.nub.news/news/local-news/council-denies-breach-of-court-injunction-on-its-selective-housing-scheme-286132

8 January 2026: Scheme put on hold: https://thurrock.nub.news/news/local-news/councils-showcase-housing-landlords-licensing-scheme-put-on-hold-in-the-wake-of-huge-concerns-and-high-court-injunction-284325

20 Sptember 2025: Council launches Selective Housing Scheme: https://thurrock.nub.news/news/local-news/council-takes-action-to-crack-down-on-rogue-landlords-272717

13 May 2025: Councillor sings praises of proposed scheme: https://thurrock.nub.news/news/local-news/councillor-sings-praises-of-initiative-that-will-mean-provate-landlords-have-to-up-standards-260059

     

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