In Profile : Selective Licensing of Private Landlords

In Profile : Selective Licensing of Private Landlords





Originally published February 1, 2012
Below, is the front page of a letter received through the door January 30, 2012, by a Hyndburn resident who was astonished to find the council looking to take absolute control of private enterprise in a demand that landlords pay £775 per property to become subject to a raft of statutory regulation, with penalties ranging from handover of the management of your portfolio, to insidious fines and health and safety costs forced upon you under a contract they are attempting to enforce under fear authority.

In Profile : Selective Licensing of Private Landlords

In order to force the agenda they call Selective Licensing, they have said that should any landlord fail to apply for the license then they would force the issue in a strategy in which the council will use the tenant to sue for all rents paid while the property was unlicensed. That is Tortuous Interference on an already agreed contract.

Involved in this dictatorship, we find the huge Housing Associations made up of taxpayer assets stolen from the taxpayers with a sinister game of asking only the tenants to vote on the handover of the housing stock, with the promise of golden gifts and palace like conditions in the pipeline as they bring the properties up to, they said, “the correct standard”.

The upgrade when it came removed the ability to heat water by two methods, gas and electric removing the electrical ability forcing all properties fully dependant on gas.

Of course the housing stock belongs to all Hyndburn natives as a blood inheritance as the properties where built with taxpayers money, so in only asking the tenants to vote, the council gave away your properties to the Intelligence led Housing Association, then Hyndburn Homes, today called Onward, without the consent of the owners, the public.

These Housing Associations are now so huge, they have become serious Dictators within the European union designed Stakeholder Communities, which includes equally sinister operations such as the Asda and Tesco. These Stakeholders in the community control all services and security which means the Council body and the police.

The Housing Association involved in Hyndburn, was Hyndburn Homes which was a subsidiary of the giant Symphony Group, today they have had yet another name change to prevent any claims in law from those early years, they claim command of over 40.000 of what are taxpayer properties in Lancashire and Merseyside, as such Housing Associations are a big voice in the way the Stakeholder Communities are to be managed, and the people within their areas herded by their own private security, including the litter imps fining you for a service you already pay the Council to complete. A clear example of a dereliction of duty under the realm.

Under the Housing Act 2004, this statutory regulation gives councils the power to introduce the licensing of private rented homes, within a Council designated area, where it is likely to become either :
an area of low housing demand and / or and area which is experiencing a significant and persistent problem caused by anti-social behaviour.

It goes on to say that the aim of selective licensing is to improve the management of these properties to ensure they have a positive impact on the area.

Titled, the way it would work, the letter explains all landlords renting properties within whatever area the council chooses to designate, are required to apply for the license to do what they are already doing, renting properties as a trade. Landlords must then prove themselves fit and proper, meeting certain standards before they can legally instead of lawfully, which is the present status, rent properties in the now designated area.

This is Commerce forcing itself upon trade as a parasitic entity. Study

Titled, ‘the benefits’, the council claims it can introduce selective licensing where it would benefit the local community, but they are of course speaking of the Stakeholder Community, and thus this move is set to benefit the largest landlord, Onward, formerly Hyndburn Homes. Click images to enlarge.

In Profile : Selective Licensing of Private Landlords

In Profile : Selective Licensing of Private Landlords











Barnfield Contractors, a Nelson concern, is also a major stakeholder in Hyndburn as a landlord, and even more interesting Barnfield Contractors owns one-third share in a corporation called Globe Enterprises, consisting of : one-third share Hyndburn Council, one-third  share James Nevison/Irene Nevison, and the remaining one-third share to Barnfield Contractors. Under this reality we see that Hyndburn Council is dwarfed with only one-third say in Globe Enterprises, dwarfed by the two-thirds share by the corporate.

In Profile Barnfield Construction

What is Happening to my Town and Who is Responsible

Globe enterprises is a corporation, as such Hyndburn Council is today a corporation, which brings to the fore the fact, we are currently paying a private corporation council tax without any lawful mandate upon which British citizens are obliged to do so. We are only obliged to pay tax to the Constitutional realm, corporations are a private concern.

The letter goes on to present the licensing conditions, of which there are many. We find the usual health and safety regarding gas, carbon monoxide, smoke alarms and electric, but this is where reasonable conditions shift into moving legal responsibility for anti-social behaviour relating to tenants onto the landlord, while ensuring any and all costs incurred by the council pass to the landlord. We then turn over the page (left) and the conditions continue while explaining that it will be the role of the council to police the upkeep of the conditions. All power to the corporate council.

Additional Measures to Compliment Selective Licensing
Other measures carried out by the council should this scheme go ahead, would be to auction empty properties, and of course the money would go into the hands of the corporate while affiliated landlords could get the spoils of the properties on the cheap. They intend to implement what they call, targeted enforcement action against owners of property and land that has been neglected, for visual effect…. Meanwhile Onward/Hyndburn Homes and the Council have rows of houses boarded up and looking terrible without any thoughts for the visual affect for residents they have not managed to force from their homes under compulsory purchase orders.

The council then offers training and support to help, quote; “new and naive landlords in legislative requirements and how to be a good landlord”, while offering what they term vulnerable tenants with a bond guarantee ensuring the council has an important relationship with the tenants in case they are required in the future to act against the landlord, also known as blackmail capability. 

In Profile : Selective Licensing of Private Landlords

Living in Accrington I noted the areas demarcated are those with the cheapest properties available which suggests the stakeholder Onward/Hyndburn Homes is attempting to corner its market by ensuring out of town landlords cannot benefit from the cheaper housing, which today is essential if low rents are to be available. On this issue alone, it could be rightly stated that in preventing private landlords from ensuring affordable rents for people on benefits, is an act against the public as all rents become uniform based upon the tariffs of Onward/Hyndburn Homes costing the taxpayer more in rent allowance.
The fourth and back page to the letter (left) begins with instructions for tenants explaining with how it will affect them and very deceptively again, gets someone else involved to act for the council in policing the licensed landlord by the tenant.

This entire system is based in the authority of fear. Study

It then explains what will happen if the landlord fails to apply for a license stating; “It will be a criminal offence to operate without a license. On conviction a landlord could be fined up to £20.000.” We then get the bait aimed at the tenant to enforce the statute for the council with the promise of; “any rent collected during the unlicensed period could be reclaimed by either the tenant or the local housing authority.”

You cannot enforce a contract if it has not been agreed, the Universal Postal Union (UPU) would be very interested in this deception as it is clear breech of the rules of the UPU.

The way in which the council are using the tenants to pull this serious cartel type action into place, is tantamount to outright blackmail of private individuals, the landlords.

This is a clear case of misrepresentation of the facts, and in recruiting the tenants, the council is also guilty in the coercion of tenants to act in a manner of misrepresentation of the facts, based in their own deception and a clear case of an attempt to defraud the public trader.

The use of deceptive terminology, though parading as a lawful document, is in fact nothing of the sort. It uses the terms, on and upon, conviction, which is suggestive that conviction is absolute, when in fact to secure a conviction you would first have to have entered into contract with the statute for it to have the force of law.

Further evidence of this deceptive sophistry can be seen on the second page paragraph which  states; “any license holder found to be in breach of the license conditions can face, upon conviction in a magistrates court, a fine of up to £5000. In such circumstances, the council will then consider whether it is appropriate to revoke the license and make a management order taking over the management of the property.”

In Conclusion
The Selective Licensing scheme by definition of its claim to be a right under the Housing Act 2004, is from the outset presenting the idea it is a law. That as such if the scheme is cleared for implementation the landlords are commanded by that decision as if carrying the power of the law when this is clearly an untruth, the scheme is contractual. The fact they aim to use the tenant to instigate and thus pressure the landlord to acquire a license, under threat of suing for the rent paid while the property was unlicensed, is the only chance this scheme has of forcing the landlords to comply. A clear example of an event operating in the jurisdiction of fear authority.

If the landlords apply for a license, then all the rules presented are enforceable with the force of Contract Law, not because they are law, but because you have entered into contract with the statute to be governed by the statute. If you do not acquire a license, then no matter what case is brought against you, it will not carry the force of law as the Magistrates courts in which conviction will be sought, are not courts of law they are Courts under Maritime and Admiralty Law. The council and its corporate partners hire the court rooms, and because we are dealing with rules of contract the court has no code of conduct to uphold save for its own, to which you have already consented to be governed by. 

In order you fight this move should landlords come together on the issue, then to employ a solicitor all you will receive is Legal advice, they will tell you must apply because they all work for the Court. 
The only way to fight this is not to consent to giving this statute the power of Law, they cannot hit you with anything save for invites (summons), not to a court of law, but to the  corporate Magistrates Court, and you know before you enter, the bigger fish are going to win because they control the language.

Below is the questionnaire sent out to specific residents, but not to all residents in Hyndburn, in what they call their consultation with the public as to whether the council should act contrary to its mandate and facilitate the takeover of this nation by the corporate realm.

In Profile : Selective Licensing of Private Landlords

In Profile : Selective Licensing of Private Landlords

The questionnaires are leading for the answers that will give the council what they want and then will present their decision to implement the scheme to be based on the concerns of the public. When in fact what this is, is an attempt by the corporate giant Onward/Hyndburn Homes, as an arm of the Council body at the Globe Centre, which is a major stakeholder in Hyndburn under the protocols of the Stakeholder Community which aims to stop all competition and secure absolute control of all housing under Contract Law, over all private landlords in order they can expand their twisted idea of how people must live.

I believe landlords should fight this, not in the courts, nor in consultation with those who work for the Courts of Code, fight this by not applying for the license at all. In order to make a claim against you in a court of law, not the Magistrates, then the council must prove the law that forces such an application. They cannot do this unless you the landlord have consented to be governed by the Contract by applying for the license and having it granted.

Freedom of Information Requests

I sent a Freedom of Information request to Hyndburn Council on February 01,  2012.

The Response

Below is the councils response received March 7 2012 :

(In Bold is the question asked)
Your request for information under the Freedom of Information Act 2000 has been considered and a response follows :

How many questionnaires  did you the council issue into the Hyndburn boundary?

In the region of 10,000 hand delivered to all properties (residential and business) within the proposed area and surrounding area, see map attached, in addition all known landlords operating within the Borough were posted copies of the consultation documents.

Can you supply a copy of the list of addresses the letter was sent?

Individual addresses cannot be supplied please refer to map attached.

You claim you have the right to demand fees from landlords and to force application through their tenants under the Housing Act 2004, yet given the act is a Contractual obligation and not law, I request the lawful criteria upon which this action has sanction? They send Commercial regulations as law :

The Housing Act 2004, s80 states:-

80 Designation of selective licensing areas
(1) A local housing authority mat designate either –
(a) the area of their district, or
(b) an area in their district,
as subject to selective licensing, if the requirements of subsections (2) and (9) are met.

The Housing Act 2004,  s87 states:-
87 Application for licences
(1) An application for a licence must be made to the local housing authority.
(2) The application must be made in accordance with such requirements as the authority may specify.
(3)The authority may, in particular, require the application to be accompanied by a fee fixed by the authority
Can you please supply the names and positions of the committee making up the local housing authority?
We have no such Committee.

Can you please supply a list of council registered landlords within the boundary of Hyndburn?

Landlords do not need to be registered with the Council therefore no list exists

Can you please supply the names of all lawfully mandated offices with the power under oath to enforce statute regulations?

Mark Hoyle has delegated powers under the Housing Act 2004 which is the Act concerning selective Licensing

What role have Lancashire Police Authority played in the selective licensing scheme, in its formation in Hyndburn, and any future roles they may play in the enforcement of statutory regulations?

Lancashire Police Authority have a seat on the wider stakeholder  ’Hyndburn Private Landlord Liaison Group’ which has discussed Selective Licensing proposals and they have been consulted along with other stakeholders on the proposals. Enforcement of any Selective Licensing Designation  is down to the Council.

Can you please supply the lawful mandate upon which Globe Enterprises can demand a tax off the citizens of Great Britain?

Globe Enterprises do not demand tax off the citizens of Great Britain.

If you have any queries or concerns or if you are dissatisfied with the handling of your request then please contact me at Legal and Democratic Services, Hyndburn Borough Council, Scaitcliffe House, Ormerod Street, Accrington, Lancashire BB5 0PF or:

Further Study
British Law