- Landlords could face penalties twice for the same breach.
- Fines can reach up to £30,000 per licence condition.
- Some councils yet to adopt protective clauses.
Landlords could be facing what some describe as a form of double jeopardy as councils incorporate national housing laws directly into local property licence conditions, potentially exposing them to penalties twice for the same offence. The issue, linked to landlord licensing rules UK, is drawing attention from legal specialists who say the approach could create overlapping enforcement routes.
Phil Turtle, of Landlord Licensing & Defence, said councils are increasingly copying requirements from existing legislation into licence conditions. Once included, these conditions become strict liability offences under the licensing system, allowing councils to issue civil penalties of up to £30,000 per breach or pursue unlimited fines through the courts.
When one rule becomes two
According to Turtle, his firm handles cases regularly where local authorities have incorporated multiple pieces of primary legislation into licence conditions. He noted that these laws already have their own enforcement frameworks set by government, as quoted in a news report.
Average penalties for breached conditions are said to stand at around £12,000 per condition. The concern, he suggested, is that a single alleged breach could be pursued under the original legislation and again as a licence condition violation.
Turtle described the situation as creating “dozens of new criminal offences” through local enforcement, reportedly said, adding that while the practice may fall within legal boundaries, he considers it “immoral” and unacceptable.
Calls for a consistent approach
Landlord Licensing & Defence said it has reached agreements with a small number of councils to include clauses stating that where a licence condition mirrors national legislation, enforcement should proceed under that original law rather than as a licence breach.
The London Borough of Southwark is understood to be the first council to adopt such wording. However, Turtle indicated that many other councils have declined to introduce similar provisions when approached.
The firm is now pushing for wider adoption of these clauses across the sector, arguing that clearer rules could help avoid confusion and reduce the risk of duplicate enforcement.
As debates continue, the issue highlights growing tension around how far local authorities should go in using licensing powers to enforce housing standards, and whether clearer national guidance may be needed.
