New regulations are now in force for Enfield landlords
27th September 2021
27th September 2021
The government has approved Enfield's application to introduce a selective licensing scheme. The licensing scheme came into effect on 1 September 2021.
The London Borough of Enfield covers an area of 32 square miles. It is bordered by the boroughs of Barnet to the west, Haringey to the south, Waltham Forest to the east and with Hertfordshire and Essex to the north.
Selective licensing now applies to all privately rented residential properties occupied by one or two persons, or one family households, located in 14 wards (areas) across the Borough.
The wards covered by the selective licensing scheme are:
· Edmonton Green
· Enfield Highway
· Enfield Lock
· Lower Edmonton
· Palmers Green
· Ponders End
· Southgate Green
· Turkey Street
· Upper Edmonton
Failing to obtain a licence and ignoring the law could leave you at risk of being prosecuted by the Council, and if found guilty the Landlord may then hold a criminal record, be fined an unlimited amount and ordered to pay court costs and a victim surcharge. Following a successful prosecution, Landlords may then fail a fit and proper person assessment, therefore making it very difficult for them to obtain a property licence in the future.
In the alternative, the Council may issue Landlords with a civil penalty notice of up to£30,000 for failing to obtain the correct licence and this penalty notice may be served without any prior warning being given.
Landlords could also be subject to a Rent Repayment Order and may have to repay up to 12 months rental income back to the Tenant as a result of failing to obtain a Licence.
Additionally, whilst the property is unlicensed, it will be impossible to use a Notice of Seeking Possession under Section 21 Housing Act 1988 to evict tenants. This is the only “no fault” low cost option available to Landlords seeking to evict tenants after the fixed term expires.
Disclaimer: The information provided in this article should not be construed as legal advice and the information is offered for information purposes only. You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry.