How can I prove my landlord is actually required to have a selective licence for this area?

The situation

I am currently renting a small two-bedroom flat in a part of Birmingham, England. About three months ago, in early January, my landlord sent me a formal notice stating that because our neighbourhood has been designated for selective licensing, I need to contribute an extra £50 per month towards his new licence costs. He sent me a photocopied document that looks like a notice from the local council, but it is quite blurry and doesn't have an original signature on it, just a printed name at the bottom. I have tried calling the local council office twice over the last fortnight to verify if this specific street is actually covered by a new licensing scheme, but I keep getting put on hold or told that they cannot give out information over the phone for privacy reasons. I am worried he is just making this up to increase my rent. I need to know if a signed certificate or a certified copy of the council's decision is enough to prove that the licensing rules are legally in force for my specific postcode without me having to go to court to prove who signed the paper or if the council actually authorised it.

Detailed Analysis

In your situation, you are trying to verify if the blurry, photocopied document your landlord sent you is legitimate. The law provides a specific way to make these documents legally reliable without needing to go to court to verify signatures.

According to the Housing Act 2004, if you have a copy of the designation (the official decision to use selective licensing in an area), it can be validated by a certificate. The law states that "A certificate endorsed on such a copy and purporting to be signed by the proper officer of the authority stating the matters set out in subsection (3) is prima facie evidence of the facts so stated without proof of the handwriting or official position of the person by whom it purports to be signed"^[1].

'Prima facie evidence' is a legal term meaning that the evidence is sufficient to prove a fact unless it is successfully challenged by someone else. This means that if the council provides a certificate stating that the designation was made by them, that it is a true copy, and that it was properly confirmed, you do not need to prove who actually signed it or what their job title was^[1].

Because your current document is blurry and lacks an original signature, it may not meet this standard of proof yet. However, if you obtain a version that includes this endorsed certificate, the law treats those facts as true for the purposes of the licensing scheme.

It is also worth noting that landlords must follow specific rules regarding licensing. If a landlord fails to comply with certain housing regulations, they may face financial penalties^[2]. While this section focuses on penalties for offences, it highlights that the licensing regime is strictly enforced by the local authority.

Local government policies or specific Birmingham City Council procedures may add further rules regarding how they distribute these notices.

Statutory Citations

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