ELA Secures Significant Changes to Great Yarmouth's Selective Licensing Scheme
How the Eastern Landlords Association Helped Secure Changes to GYBC's Selective Licensing Scheme
By James Crickmore
Vice Chair & General Manager,
The ELA is pleased to report a significant outcome for landlords across Great Yarmouth following representations made in response to Great Yarmouth Borough Council's proposed Selective Licensing Scheme.
Following legal scrutiny and representations from a number of parties, the Council has substantially revised its proposed licence conditions and removed the overwhelming majority of the discretionary conditions that landlords were originally expected to comply with.
For many landlords, this represents one of the most significant developments since the scheme was approved.
Why This Matters
From the outset, the ELA's position was straightforward.
We support good housing standards, responsible landlords and proportionate regulation. What we do not support is unnecessary regulatory burden, blanket restrictions or licence conditions that go beyond what the law permits.
The original draft conditions proposed by the Council sought to impose a wide-ranging set of obligations on landlords through the licensing process. Following recent legal developments, particularly the landmark Fletcher v Portsmouth case, significant questions arose regarding the appropriateness and legality of many of those conditions.
As a result, Great Yarmouth Borough Council sought legal advice and has now substantially amended its approach.
The fact that so many conditions have now been removed raises an important question. If those conditions were a key part of the original justification for the scheme, what does the scheme now actually achieve that could not be delivered through a far simpler and more proportionate system?
That is a question we intend to continue asking.
A Personal Perspective
As Vice Chair and General Manager of the Eastern Landlords Association, I have been heavily involved in reviewing the proposed conditions and coordinating our response.
However, this issue has also affected me personally.
As a portfolio landlord operating within Great Yarmouth, I would have been directly subject to the conditions originally proposed. Like many landlords across the borough, I have a vested interest in ensuring that any licensing regime is lawful, proportionate and genuinely capable of delivering meaningful outcomes.
This has therefore been both a professional and personal issue for me.
The reality is that every unnecessary condition, every additional layer of bureaucracy and every unjustified cost ultimately impacts not only landlords but also investment within the private rented sector and the availability of quality housing.
That is why it was important to challenge these proposals before they became entrenched.
A Team Effort
While I have been one of the public faces of this challenge, this outcome was achieved through a genuine team effort.
Countless hours were spent reviewing documentation, analysing legislation, discussing strategy and ensuring that landlords' concerns were properly represented.
This is exactly why landlord associations exist. When landlords work together through a strong representative body, they have the ability to engage constructively with local authorities and influence policy in a meaningful way.
Special Recognition to Simon Fletcher and PDPLA
I would also like to extend special thanks to Simon Fletcher of the Portsmouth & District Private Landlords Association (PDPLA).
Simon was responsible for bringing the challenge that ultimately resulted in the landmark Fletcher v Portsmouth decision. That case has already had implications far beyond Portsmouth and has begun influencing the way local authorities approach selective licensing across the country.
The changes now being made in Great Yarmouth are a clear example of that wider impact.
Without individuals willing to challenge questionable licensing practices, many of these issues would never receive proper legal scrutiny.
Simon has published an article discussing the application of the Portsmouth decision in Great Yarmouth, which can be read here:
The ELA is grateful for the work undertaken by Simon and the PDPLA, and this outcome demonstrates the value of landlord associations across the country working together to promote fair, lawful and proportionate regulation.
What Happens Next?
Whilst the removal of the majority of discretionary conditions is a positive development, it does not bring the discussion to an end.
In many respects, it raises a more fundamental question.
The Selective Licensing Scheme originally introduced by the Council was justified, in part, by the very conditions that have now been removed.
If those conditions are no longer considered appropriate, lawful or necessary, the Council must now explain why the scheme itself remains necessary.
The ELA's view is that this question deserves serious consideration.
We will continue engaging with the Council and seeking clarity regarding:
The future purpose of the scheme.
The legal basis for any proposed inspection programme.
The justification for licence fees.
The operation of the scheme under the revised conditions.
Whether a simpler fit and proper person regime could achieve the same objectives more effectively and at lower cost.
Continuing to Represent Landlords
This outcome demonstrates what can be achieved when landlords engage, participate and work collectively through a professional representative body.
The Eastern Landlords Association remains committed to supporting responsible landlords, promoting high standards within the private rented sector and challenging regulatory overreach wherever it arises.
We welcome the progress that has been made so far, but there are still important questions that remain unanswered.
The ELA will continue to represent the interests of landlords across Great Yarmouth and beyond, ensuring that future regulation is not only well-intentioned, but also lawful, proportionate and evidence-based.
Together, landlords are stronger.
Together, we can help shape a better future for the private rented sector.
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