THURROCK Council has claimed victory in its battle to impose a selective licensing scheme on local property landlords.

The authority expects more than 15,000 privately rented homes across 16 wards will fall within its licensing areas, while four wards were excluded for not meeting statutory thresholds.

Today (Friday, 13 March) the council announced the controversial scheme will resume after a High Court Judge refused permission for a Judicial Review to challenge it. 

The review had been sought by a consortium of many individual landlords and smaller property owners. Their initial legal action halted the scheme in its tracks in January when an injunction was imposed on the council.

The council had anticipated the legal formalities would be concluded in its favour and announced last month they would be bringing it back.

The initiative has faced strong opposition from parts of the borough's landlord community.

Last month Montana Property Development Co. Ltd director Stephen Boyling, one of Tilbury's largest private rental providers, criticised the council for what he described as "a complete lack of communication, transparency and adherence to government guidelines" during the scheme's development.

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The case for indepepent landlords has been led and co-ordinated by Akisia Divine, who is not a qualified barrister, but describes herself as a McKenzie Friend, a person who provides moral and practical support to a litigant in court but is not permitted to provide formal legal advice or act as a legal representative.

Even after the council's statement last month that it believed it had won, Ms Divine argued that was not the case. She said: "The review has not been lost. Permission was refused on the papers only, which is an initial administrative stage. That is not a final determination of the case and does not involve a hearing or oral argument.

"Following receipt of the paper refusal, I have taken the formal procedural step of requesting an oral renewal of permission, which is expressly provided for under the court rules. That application is now before the Administrative Court. Today the court verdict was delivered, leaving local landlords' belief in Divine providence unfulfilled.

The council says its Selective Licensing Scheme has been designed to improve housing standards in the private rented sector and ensure safer, better-quality housing for residents.  

Today, 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.

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." 

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. 

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 the civil penalty fine of 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. 

Further information about the Selective Licensing Scheme, including application details can be found here: https://www.thurrock.gov.uk/houses-in-multiple-occupation/selective-licensing-scheme. 

If you are a landlord or letting agent and need further assistance on how to apply for a licence, contact: [email protected].