A complex legal dispute unfolding at the UK High Court’s First Tier Tribunal, Property Chamber, has spotlighted serious questions about the enforcement methods used by the London Borough of Waltham Forest against a prominent British-Asian property professional, Mr Asad Chaudhary, and his associated companies. The case centres on the legitimacy, fairness, and proportionality of financial penalties imposed under the Housing Act 2004, with cumulative fines related to 33 properties across East London amounting initially to over £1.4 million, later reduced to more than £200,000 for six lead properties.

According to court documents, Mr Chaudhary and his companies — ZAS Ventures Limited, Interface Properties Limited, Let’s Move Properties Limited, and Marlborough Homes Limited — strongly contest the legal basis of these penalties, contending that Mr Chaudhary is neither the freehold owner nor contractual landlord responsible for obtaining property licences. They argue that the council’s actions display confusing and inconsistent stances, with notices being wrongly served or withheld in contradiction with the council’s claims, undermining due process and calling into question the council’s credibility. A significant legal point hinges on Section 95(1) of the Housing Act 2004, which defines responsibility for property licensing; the appellants maintain that contractual obligations assign licensing duties away from Mr Chaudhary and his firms.

The dispute has also exposed troubling dynamics between the council, tenants, and landlords. Court papers reveal that Waltham Forest Council allegedly encouraged tenants not to pay rent on the basis that rents were excessive amid minor or cosmetic property disrepairs, a strategy that created tension and mistrust. Furthermore, contentious issues include the council pressing landlords for five-year selective licences at £700 each, despite the council lacking parliamentary authority to issue such licences beyond April 2025. Landlords faced a dilemma—either to pay for licences extending beyond the lawful period or face severe financial penalties. Applications for licences were submitted in late 2024, after penalties had already been issued, a sequence that has been described by the appellants as an opportunistic bureaucratic trap rather than a genuine regulatory effort.

Waltham Forest’s Selective Licensing Scheme has a complex regulatory backdrop. The council’s latest scheme, formally approved by the Secretary of State in mid-2025, runs until April 2030, requiring landlords to pay fees up to £895 per property, with some discounts available. This followed extensive consultations starting as early as 2024 and aimed to improve property standards and management. The council has emphasised its licensing programmes as tools to protect tenants, reduce anti-social behaviour, and engage landlords in better housing practices. Similar penalties have been successfully upheld by tribunals in previous Waltham Forest cases, reinforcing the council’s authority in housing regulation enforcement. However, the current case highlights tensions when councils’ regulatory ambitions are perceived to overreach into revenue generation, damaging trust within the housing sector.

Mr Chaudhary, a property professional with over 40 years of experience in East London, is described by his legal representatives as committed to ethical and lawful practices. His companies provide homes to hundreds of residents, and the imposed financial penalties could jeopardise the livelihoods of staff and the stability of tenants, besides damaging his professional reputation. Attempts to secure official commentary from Waltham Forest Council on these allegations went unanswered despite repeated requests.

This case illustrates broader challenges faced by local authorities in balancing the enforcement of housing standards with ensuring legal and procedural fairness. While councils like Waltham Forest are empowered to use selective licensing schemes to uphold housing quality, they must also ensure that enforcement actions are legally sound, transparent, and proportionate. The outcome of Mr Chaudhary’s appeals will likely have significant implications for how housing regulations are applied and contested in London’s diverse property market.

📌 Reference Map:

Source: Noah Wire Services