Selective Licences and prosecution
I have number of properties in a Selective Licence Areas. I had four properties in the first tranche of SLs which have been such a roaring success if you calculate that as income for the council! that they have or are being renewed and extended in area!
The long and short of this is that I missed completing my application for one property in a new SL area. At the time the SL was being pursued I became very ill and also had some other issues. I have now paid all the fees and provided all the documentation following receipt of the summons but the council are continuing to prosecute.
I am clear in my mind that my circumstances were somewhat unfortunate at the time and we are pursuing that as a ground of defence. I would also like to invoke a proportionality argument given if I am found guilty I will not be a fit person to rent property, will not be able to insure the properties for rent and thus I will have to evict all the families in my SL properties as I will not employ an agent or rent uninsured. I also think my tenants Article 8 rights have not been considered properly.
My solicitor has also identified the delay of 1 year from the last purported communication to the summons as indicative of no great concern or rush by the council.
Are you aware of any similar defences being successful or do you have any comments on a successful approach given the circumstances above?
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