Additional Powers ruled illegal

Published on Thu, 22nd Feb 2018 16:22

There have been many comments that some of the requirements brought in by Statutory Licensing are unnecessary, because Local Authorities already have powers to deal with problems.

This has now been put to test.  In a recent court case (Brown v Hynburn) ruled that a Hynburn Council could not require a local landlord to install carbon monoxide detectors and also to carry out electrical safety checks. 

The court heard that Brown had already carried out both of the requirements, but argued that imposing such standards through licensing schemes went beyond the powers available to local authorities.  Mr Brown argued that the Council already had extensive powers under Housing, Health and Safety Rating System (HHSRS).

The court agreed and ruled that this requirement was illegal.

One possible outcome is to remove one of the reasons for Local Authorities to bring in Selective Licensing to control conditions.

The SLA have been arguing this point for some time, and are pleased to see this ruling.