Navigating ‘Double Jeopardy’ in Landlord Licensing: What London Landlords Must Do Now

Understanding the ‘Double Jeopardy’ Issue in Licensing

Recent scrutiny of local authorities' landlord licensing practices has highlighted a concerning trend: councils imposing licence conditions that replicate existing statutory obligations. This duplication means landlords could face enforcement action twice for the same breach — once under primary legislation and again under licence conditions. Known as 'double jeopardy,' this practice has caused confusion and frustration among landlords across the UK, with particular implications for London’s vibrant and diverse rental market.

Key areas affected include mandatory HMO management standards, electrical and gas safety, energy performance certificates (EPCs), tenancy deposit protection, and fire safety compliance. Some councils have already amended licence wording to clarify that enforcement actions should be pursued under the primary legislation rather than licence breaches, but this is not yet universal.

Why This Matters to London Landlords

For landlords — whether managing a single flat, an HMO, or a multi-property portfolio — this overlapping enforcement can mean:

• Increased risk of penalties: Potentially paying fines or facing sanctions twice for the same issue.
• Complex compliance landscape: Difficulty distinguishing when to prioritise licence conditions versus statutory rules.
• Strained relations with local authorities: Misunderstandings about enforcement scope may lead to protracted disputes.

Accidental landlords, who may be less familiar with the intricacies of licensing, and HMO operators, who are subject to more rigorous licensing regimes, are especially vulnerable.

Practical Steps to Manage Your Risk

1. Review Your Licence Conditions Thoroughly
   Start by obtaining and carefully reading your current licence conditions. Cross-reference these with statutory obligations found in legislation such as the Housing Act 2004, Gas Safety (Installation and Use) Regulations 1998, and Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. Identify any licence conditions that duplicate these legal requirements.

2. Engage with Your Local Authority Early
   If you spot duplication, write to your local council’s licensing team seeking clarification on enforcement priorities. Request confirmation that enforcement will not be duplicated and ask if licence conditions can be amended to reflect this. Document all communications.

3. Consult a Legal Advisor if Facing Enforcement
   If you receive enforcement notices or fines that seem to relate to the same breach under both licence conditions and statute, consult a solicitor specialising in landlord and housing law promptly. They can advise on whether double penalties are being unfairly applied and help you respond appropriately.

4. Keep Up to Date with Licensing Reforms
   Monitoring local and national government updates is crucial. The government has acknowledged these concerns and is considering reforms to streamline landlord licensing and enforcement. While no fixed dates are currently set for changes, staying informed will help you anticipate and adapt.

5. Tailor Your Compliance Strategy by Landlord Profile

   • Single-unit landlords: Focus on ensuring that your licence conditions do not add unexpected burdens beyond statutory requirements.
   • HMO landlords: Given the complexity of HMO licensing, consider a compliance audit to identify overlapping conditions and mitigate risk.
   • Portfolio landlords: Develop a standardised review process for all licences held, ensuring consistent management of duplicated obligations.
   • Accidental landlords: Seek tailored advice to understand your obligations clearly and navigate licensing requirements confidently.

Scheduling Your Next Actions

• Immediate: Obtain and review your licence documents.
• Within 2 weeks: Draft and send enquiries to your local authority if duplication is evident.
• Within 1 month: Arrange legal consultation if enforcement notices have been issued.
• Ongoing: Monitor industry updates and government announcements.

How Rentals & Sales Can Support You

Our expert team specialises in compliance audits, portfolio reviews, and tailored landlord advice. We can help you dissect licence conditions, benchmark your compliance against statutory requirements, and liaise with local authorities where needed. Additionally, we offer pricing strategy support to ensure you maintain competitive rents while factoring in compliance costs.

Compliance Disclaimer

This article provides general information and should not be construed as legal advice. Landlords facing specific enforcement issues should seek professional legal counsel to address their individual circumstances.