Letting agent beats council over ‘unfair burdens’ in licensing scheme
Ruling is a warning to councils imposing licence conditions beyond their legal powers, says AST Lettings boss Stephen Nottridge.
A letting agency has forced Charnwood Borough Council to amend its selective licensing conditions after arguing they imposed ‘unreasonable burdens’ on responsible landlords and went beyond the council’s legal powers.
AST Lettings Ltd brought the case to the First-tier Tribunal on behalf of two landlords, challenging a series of conditions linked to the council’s selective licensing scheme in two wards.
The agency argued that requirements relating to fire risk assessments, gas safety, waste disposal and ongoing property management exceeded the council’s statutory powers.
Conditions removed
Among the conditions removed was a requirement for every single-family home to fully comply with LACORS fire safety guidance and undergo a fire risk assessment.
The appeal, supported by local law firm Freckeltons Ltd and a number of affected landlords, was settled through a Consent Order shortly before the Tribunal hearing in March 2025.
Under the agreement, Charnwood Borough Council accepted that all disputed conditions would either be amended or removed.
The council has since confirmed that amended draft licences will be reissued to more than 1,000 landlords affected by the scheme.
Stephen Nottridge (main picture), Director of AST Lettings Ltd, said: “Our goal has always been to ensure a fair and transparent rental market for both tenants and landlords.
This ruling provides much-needed clarity and ensures that licensing conditions remain proportionate and legally sound.”
“While we fully support the objective of improving housing quality, local authorities must operate within the law. This ruling provides much-needed clarity and ensures that licensing conditions remain proportionate and legally sound.”
Richard Tacagni, MD of London Property Licensing, who represented AST Lettings Ltd during the proceedings, said: “This case acts as an important reminder that councils must correctly and appropriately apply conditions when implementing a selective licensing scheme, particularly as failure to comply with any licence condition is a criminal offence.”
