The Queen (on the application of
Constantinos Regas) v London Borough of Enfield
The High Court has today quashed (cancelled) Enfield Council’s additional and selective licensing schemes, which would have required all private rented property in the borough to be licensed from 1 April 2015.
In his handed down judgment, His Honour Judge McKenna said that “the implementation and operation of an unlawful designation is a continuing unlawful act”. He found that Enfield Council had failed to consult the persons who should have been consulted (including in the 6 surrounding boroughs) and did not consult for the required time. At the end of the hearing at the Royal Courts of Justice, HHJ McKenna refused permission for Enfield to appeal against the decision.
Constantinos Regas is the landlord of just one property, which is in the borough. He brought the case against the council after repeatedly speaking against the proposals at council meetings. Most recently he spoke at the Council’s cabinet meeting of 12 November, where he warned the council’s cabinet that a judge had already found that part of the scheme was “arguably unlawful” and that they should not go ahead with it.
Speaking after the judgment was handed down, Constantinos said “I have always maintained my view that good housing standards are a human right. But Enfield Council have not gone about this the right way. They have accused tenants of being antisocial and have sought to criminalise landlords for tenants’ behaviour. The Council have now been found acting unlawfully. The Council’s Cabinet and senior officers have demonised tenants, defiled democracy and disgraced themselves. They threw good money after bad in defending this case, despite me putting them on notice in June that they were not acting properly. The citizens of Enfield should welcome the resignations of the entire cabinet and senior officers.”
Constantinos initially represented himself. At the final trial he was represented by Jonathan Manning and Justin Bates, both of Arden Chambers.
Constantinos also said: “I want to thank everyone for their financial and practical support. I also want to thank our barristers for their advocacy and our local MPs, David Burrowes and Nick de Bois for their assistance. I want to encourage landlords to improve housing standards in the borough, without a licensing scheme. That includes the biggest landlord in the borough – the council itself – which was exempt from the scheme. I will make a further announcement in due course.”
Although the High Court refused permission to appeal, Enfield Council has 21 days to appeal to the Court of Appeal itself. Costs will be subject to detailed assessment.