Private landlords in East Kent have lost their legal battle to have a selective licensing scheme declared unlawful. Following the Court ruling, Thanet District Council is going ahead with its plan in two of their wards, Cliftonville West and Margate Central.
The original plan to introduce a selective licensing scheme was agreed by the council in January last year after an extensive consultation by the authority. However the SLA (Southern Landlords Association) asked for a judicial review on the grounds that Thanet District Council failed the legal tests by basing their decision on irrelevant considerations and unsubstantiated assertions. The High Court hearing took place three weeks ago and the decision by Mr Justice Cranston has now been announced.
Mr Justice Cranston pointed out that the SLA had failed to establish any errors in the council’s assessment and decision to make two wards selective licensing areas. Thanet Council are delighted with the decision and feel it represents a significant victory. Thanet are the first local authority in Kent to use selective licensing which they are confident will regenerate the area.
The cabinet member for housing and planning, Cllr David Green, said “The High Court decision is wonderful news for the people of Thanet. The council is dedicated to the regeneration of Margate Central and Cliftonville West, and the selective licensing scheme represents a powerful legislative tool to help us do this. Throughout the process of High Court judgment, we’ve always been on the side of local people, and I’m very pleased that our stance has been vindicated.”
The SLA are concerned by the judgment, and object to anti-social behaviour being cited as one of the major reasons for introducing the scheme as private landlords are doing all they can to control tenants living in their properties. Also landlords insurance claims are down in Thanet which the SLA claim backs up their argument. The decision to take Thanet District Council to court was not taken lightly and they still believe that the council did not act in the interests of the majority of law-abiding private landlords in the Margate and Cliftonville areas.