Landlords in Birmingham are being cautioned against heeding social media messages encouraging them to flout the city’s extensive licensing scheme, with legal experts emphasizing the potential criminal consequences of non-compliance.
Birmingham City Council boasts the largest licensing scheme of its kind in the country, encompassing as many as 50,000 properties spread across 25 wards within the private rented sector. Despite the scale of the program, certain social media groups claim that only 15 percent of landlords have thus far submitted their applications and downplay the importance of an impending deadline.
Landlord Licensing & Defence, a prominent legal service, is sounding the alarm, declaring that failure to apply for a license by Monday, September 4, will constitute a criminal offense. Des Taylor, the firm’s Director of Housing Enforcement and Casework, asserts, “There is no reasonable excuse for not making the application, no matter what you are waiting for or are lobbying the council.”
Taylor underlines that the scheme’s existence means it is the law, and failing to apply within the stipulated timeframe constitutes an offense. He highlights that the “reasonable excuse” defence has seen very limited success in a handful of cases out of several thousand, with judges consistently ruling that not applying for a license in time is not a valid defence.
“Protesting, disagreeing, or awaiting responses from the council regarding any issues or other matters are not reasonable excuses,” warns Taylor. “If a license is required within the selective licensing area, then that license must be applied for when required.”
Furthermore, Taylor urges landlords not to be misled by inaccurate information circulating on social media. He admonishes, “Any social media group that tells you something different should not be followed. The social media ‘experts’ advising landlords not to license their properties are inciting them to commit a criminal offense under the Housing Act 2004.”
Taylor advises landlords to scrutinize the qualifications of those providing such advice. He questions, “Is the person who is giving me the advice properly qualified to give it? And if they’re not qualified to give it through their experience or knowledge, then are they prepared to pay your fine when they tell you not to apply or to protest? If the person advising you that you don’t have to apply is willing to pay your fine, then that’s great, feel free to listen to them. However, even if they do pay your fine, you could still have a criminal record.”
Reports circulating on social media claim that only 15 percent of landlords have submitted applications. However, Taylor asserts that those who have not yet applied are potentially facing fines of up to £30,000. He underscores, “Landlords in Birmingham should not run the risk, and they should remember that the council does not care about your circumstances. The law says you need a license, so get one.”
As the September 4 deadline approaches, landlords in Birmingham are urged to prioritize compliance with the city’s licensing scheme to avoid serious legal repercussions.