Selective Licensing for Landlords - Advice needed

[IS300FSPORT]

Hi All, looking for some advice if any of you work for a council or legal I'd really appreciate your help. For those looking to criticse not interested so please dont bother trying to get a response.

Asking for a friend....

Been a Landlord since 2017, private rented. Not a HMO. The same Tenant residing at property since 2017 .  Pays on time no trouble, undertake any maintenance required to mitigate any issues.

Has the Gov Mandated certifications for compliance:

- 12 Months Gas Safety check

- 5 year Electrical inspection

- 10 Year Energy Performance certificate band (E) to rent

The issue is the local Council borough introduced a Selective Licensing scheme for certain areas, application process if granted issues a Landlord a License for 5 years. Which my friend claims he was unaware of. The council have not contacted him to enforce any action & has unintentionally been breaking the law. Now the worry is he if he applies will he get questioned & fined for not applying, or would you wait it out until the Council reach out threatening enforcement action. Loads of articles online about rogue Landords etc which is causing him distress & worry. To retain the same tenant since 2017 he has done well so can vouch hes looked after them/the property. However his downfall is not keeping up with the latest regulations.

Appreciate any sound advise on this on how to proceed. Ive suggested better late than never to apply & be honest, but he is genuinely stressed about the whole situation. 

*Admin if this type of post is not accepted please feel free to remove, apologies.

[Malc1]

I might suggest a unnamed 3rd Party discuss this all with his local Council in specifics ,,,,,,,  but unidentifiable to him or the property

i understand the Govt is seeking to relax the upcoming 2025 onerous rules and regs on private landlords 

Malc 

[Linas.P]

Not legal advice, but there is case law now that councils will prosecute landlords who fails to update themselves on various regulations i.e. not knowing is not an excuse. From policy perspective private landlords with single property are treated the same as professional landlords/agencies and are expected to always stay on top of the regulation. There are several examples of exactly this situation and council has not informed landlords and still penalised them later. 

As such I would advise to get license as soon as possible to comply, the past non-compliance may be missed by council and all turns out good, or if it is noticed then having the license now will be a mitigating circumstance i.e. "I did not know I need one and I know this is not an excuse, but as soon as I find out I have applied and got my license, so I did best I could considering I am just private individual and not professional". Does not mean he will avoid penalty, but prolonging non-compliance really does not help at all.

Secondly, I don't believe having tenant since 2017 matters here, it is the landlord that is licensed, not tenant-landlord relationship together (at least based on my understanding). So I don't believe he needs to even mention since when the property was rented, just that he is renting it right now and wants to get a license for that to be compliant. Again - not doing it now and delaying it just makes situation worse.

[IS300FSPORT]

Thanks looks like apply & see the reaction

[Flairbear]

In many cases, it's better to comply with local regulations even if your friend has unintentionally missed the deadline. Applying for the license now and demonstrating a willingness to comply with the law is often viewed more favorably by authorities than waiting for enforcement action. Honesty is crucial, and it's important to provide all necessary information when applying.

[steve2006]

Your friend has at least complied with the licence requirements regarding yearly gas checks, wiring checks etc and hopefully smoke alarms and a CO monitor are also installed as required and regularly tested.

I know Nottingham City Council charge on a sliding scale with a surcharge for late applications but no mention of other penalties which I understand can be a fine of up to £30K.

Apply now before enforcement action, eat humble pie, genuine oversight and it should be OK.