A local landlord group has won a significant legal battle after the Upper Tribunal ruled that Portsmouth City Council exceeded its powers by imposing HMO licence conditions without sufficient justification.

The Portsmouth & District Private Landlords Association (PDPLA), which backed the challenge brought by landlords Simon Fletcher (pictured) and Iva Fletcher, said the decision vindicated its long-standing concerns about the council’s approach.

Long-running dispute

The case followed a long-running dispute over conditions attached to HMO licences issued by the council. The ruling means future licences will be amended, although existing licences remain valid.

Portsmouth City Council required landlords to include inventories, deposit arrangements and rent clauses in tenancy agreements as a condition of obtaining an HMO licence. It also required landlords to provide tenant information to the council and imposed the same licence conditions on all HMOs.

The Upper Tribunal ruled that the council had gone beyond its powers. It found councils cannot use HMO licences to dictate the contents of tenancy agreements or automatically impose discretionary conditions on every property.

In a letter to licence holders following the judgment, Portsmouth City Council said future licences would contain updated wording “to ensure clarity and alignment with current legislation”.

Large number of councils impose conditions on a blanket policy basis without proper justification.”

Fletcher said: “We hope this decision will be noted across the country as a large number of councils impose conditions on a blanket policy basis without proper justification.”

PDPLA chairman Martin Silman added that the council’s approach to licensing had contributed to many smaller landlords leaving the city’s HMO sector.

He said: “I had four small HMOs, now I have none.