under construction
Please consider this as a formal appeal to the decision to grant a license for 6 Colwick rd NG2 4BU
Please note that the license should last 5 years. There are previous court cases lost by the council where the officer attempted to grant the license for less than 5 years and they were always won by the license holder granting the license for 5 years. We personally dealt with one of the officers who was involved in this sort of behaviour and had the license granted for 5 years instead of the 2 he tried to grant instead
You only sent the proposal to grant a license on the 12th of February 2024. You intend to backdate the license to a period when we did not have it. This is not acceptable because since we did not have it we could not enjoy the benefits of having a formal license like remortgaging etc. In this case we had been unable to access most of the lenders for mortgage purposes because lenders do require a valid license in place. Theerefore the council depriced us of 3 full years of licensing and now it expets to unlawfully issue a retrospective license for a period when we did not have it. It is common knowlesge that the practice of backdating documentation is illegal. and in this case this is deeply detrimental and shortfalls of the council should be borne by the council, not by the private sector. If you receive an application you shall propose a license almost automatically, especially at renewals dates.
Let us be cleart that the council has not a tax levy on HMOs is collecting fees in order to grant a license, it seems that using this illegal pracice the council is seeking to change the licensing HMO fees into a tax levy on HMOs. This is illegal too. We submit infact that running a n HMO without a valid license is not a crime, expecially if the house and the manager are compliant by all regulations throguhout the period of use of the premises as HMO.. If this is incorrect please show us in the criminal law how running an HMO without a license is a criminal offence, what is an ofence is running an HMO mthat does not comply with the relevant regualtions.
In this way you are granting the license only for 2 years or less, this is not lawful and fair. We can explain the unlawfulness in detail in our formal appeal should be required. However we believe there is no legislation that grant this type of behaviour and you are doing this at your sole discretion and outside any legislation.
Basically what you are doing is issue a proposed license the week starting the 12th of January 2024 however the beginning of it is backdated, to 2021! this is unlawful, you cannot backdate documents lawfully. It is on its face planly unlawful unless there is legislation allowing the council to produce backdated documents, the production of backdated documentations is an illegal practice in the Uk and several parts of the world for obvious reasons.
This in extreme cases could lead to issuing and expiring a license after 5 years from the application, for example if you decided to propose the licence in 2027 you would backdate it and expired at the same time. This practice is clearly unlawful , very likely illegal as the consequence of issuing a backdated official document and unfair. Therefore, this practice is clearly illegitimate and must be corrected using lawful procedures that comply with UK law.
This is clearly and abuse to backdate a document of such importance and doing it unlawfully this way. We could possibly let the council off if the fees were reasonable but even those these are more than double than other councils. Backdating documents in the UK can also lead to successful lecriminal proceedings.
Note that in this webpage we are not stating all the details of the unlawful conduct the council is adopting in this case and the clear mistreatment of a taxpayer.
Please issue the proposed licence for 5 years stating from the date of the draft license of the proposed license, should this not be done amicably we will
1 build the case on our websites so that future landlords can access this as reference.
2 publish all relevant documentation
3 once we are victorious we will publicise this to our network of landlords nationwide.
We are very confident we will be able to wing in a legal challenge and we will use this as case study available to other landlords nationwide.
Response
In the above there is no reference to any legislation. Of course no wording in the legislation was brought forward because there
The reason for granting a licence for 5 years in all instances is for the council to avoid unnecessary proceedings. We mnake reference to the court case that was made becasue of Mr Nigel.Godfrey an enforcement officer of Nottingham City council (Nigel.Godfrey@nottinghamcity.gov.uk) . He granted a short license fo 2 years instead of the standard 5 and he had the council been challenged in court and lost having the judge to grant the license for 5 years as it should have been. This and other cases is the reason for issuing the license for 5 years. Because a number of other cases have been challenbged when the counil decised to apply their discretion and awarded a shorter licence than 5 years and after challenege in court the case was always awarder to the license holder having the standard 5 years license instead.