A selective licensing scheme due to come into force in parts of Great Yarmouth this April is facing mounting resistance from landlord groups, with warnings that it may be unlawful and open to judicial review. The dispute centres on whether the council complied with statutory consultation duties and relied on up-to-date evidence when approving the scheme.
The Eastern Landlords Association has formally written to Housing Secretary Steve Reed and Great Yarmouth Borough Council, urging the authority to pause implementation or face potential legal action.
Selective licensing legality questioned by landlord groups
In a joint letter with the Voice of Landlords Association (VOLA), the Eastern Landlords Association claims the council failed to provide consultees with the evidence underpinning the designation during the consultation period.
Paul Cunningham, chair of the Eastern Landlords Association, argues that key modelling data was withheld until after councillors had voted to approve the scheme. He says this prevented landlords and other stakeholders from scrutinising the assumptions, methodology and outputs used to justify licensing.
According to Cunningham, this undermines the council’s ability to demonstrate compliance with Section 80(9) of the Housing Act, which requires authorities to properly consider representations made during consultation. “Without access to the data, meaningful scrutiny was impossible,” he argues.
The group also challenges the age and accuracy of the evidence relied upon, stating that the council used 2019 English Housing Survey data to model current property hazards.
English Housing Survey data undermines council case
Landlord groups point to more recent Office for National Statistics and English Housing Survey figures showing a marked improvement in private rented sector standards.
Their letter states that Category 1 hazards in the private rented sector fell by 29% between 2018-19 and the latest available data in 2024. In plain terms, that represents tens of thousands fewer homes nationally classed as posing serious risks to occupants.
The landlords argue that relying on historic data leads to “predictions” rather than real assessments of current conditions, weakening the legal basis for designation. They claim this amounts to a breach of the Housing Act and exceeds the council’s powers.
Similar arguments are being raised elsewhere. The Leeds Landlord Lobby Group recently launched a crowdfunding campaign to fund a judicial review of Leeds City Council’s selective licensing scheme, which it also describes as disproportionate and damaging.
Renters’ Rights Act adds pressure on buy-to-let sector
Another key criticism is the council’s alleged failure to consider forthcoming national reforms under the Renters’ Rights Act. The legislation will abolish Section 21 evictions and introduce a new Private Rented Sector Database, measures landlords argue could achieve many of the council’s stated aims without imposing blanket licensing.
Cunningham says councils are required to consider all reasonable alternatives before designating an area. “Ignoring the Renters’ Rights package amounts to a failure to consider alternatives in accordance with the guidance,” he argues.
The stakes are high for landlords. Licensing fees, compliance costs and inspection regimes can significantly erode yields, particularly for smaller landlords already grappling with higher mortgage rates and tax burdens. Industry bodies warn that poorly designed schemes risk accelerating landlord exits, reducing supply and pushing rents higher.
Local MP Rupert Lowe has publicly backed the landlords’ concerns. In a social media post, he warned the scheme could drive landlords to sell up, ultimately harming tenants through higher rents and reduced choice.
Council defends scheme and consultation process
When approached for comment, Great Yarmouth Borough Council said it had complied with legislation and followed recognised best practice. A spokesperson said more than 275 responses were considered and changes were made, including reducing licence costs.
The council insisted selective licensing operates successfully in other areas and maintains that “good landlords have nothing to fear”.
Editor’s view
Selective licensing is fast becoming a legal battleground. With national reforms already reshaping landlord regulation, councils that press ahead using outdated evidence risk expensive court challenges – and unintended consequences for tenants. The bigger question is whether local authorities are regulating smarter, or simply regulating more.
Author: Editorial team – UK landlord & buy-to-let news, policy, and finance.
Published: 16 January 2026
Sources: Eastern Landlords Association; Voice of Landlords Association; Office for National Statistics; Great Yarmouth Borough Council
Related reading: Chancellor Rachel Reeves broke landlord licensing law – Southwark must act
