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  • Buy-to-Let

    Gaskin Councils and fees & enforcement £700

    https://news.rla.org.uk/blog-gaskin-hmo-...g-schemes/

    Newcastle City  are looking of brining in a Licence for every let property in the city

    You will see that Gaskin won a court case with his Local Council  about the charges of the Licence

    You will see that the Court ruled that the council can charge a reasonable admin fee for there services of creating a Licence

    But they can not add to the fee any Enforcement Costs

    Newcastle City Council have said that the fee charged will be used for enforcement ???

    So why are they trying to go down this road of employing enforcement officers which will be paid for from the fee

    If Its Illegal to do so

    What do others think ???

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    Learn Change and Adapt ?????

    All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.

    Gaskin v Richmond only determined that the fee accompanying the licence application should only cover the cost of the application process. Richmond are now charging a 2 stage fee  - https://www.richmond.gov.uk/services/hous...d_licences The 2 stage charging will increase admin costs and so is not necessarily a good thing for landlords.

    If the fee covers enforcement costs and you are refused a licence you should make sure to get a refund of the extra paid.

    If someone is feeling brave they could challenge the second fee. Paragraph 3 in sections 63 and 87 of HA 2004 specify A fee accompanying the licence but paragraphs 6 & 7 in the sections cover feeS. Giles Peaker on Nearly Legal believes that the second charge is OK - see https://nearlylegal.co.uk/2018/08/service-not-included/


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