Thurrock Selective Licensing Judicial Review: What the 2026 Court Ruling Means
What Happened
When Thurrock Council announced its 16-ward selective licensing scheme under Part 3 of the Housing Act 2004, a group of local landlord coalitions challenged the designation through a judicial review application. They argued the scheme was disproportionate and that the consultation process was flawed.
In March 2026, a High Court judge refused permission for judicial review on the papers and dismissed applications for an interim injunction that would have halted the scheme while the case was considered. The scheme resumed full operation immediately.
What the Ruling Means
The refusal of permission is a significant outcome. It does not mean the court endorsed every aspect of the scheme — it means the judge found that the challenge did not have sufficient merit to warrant a full hearing. For practical purposes, the effect is the same: the selective licensing designation is legally valid and fully enforceable.
Following the ruling, Thurrock Council set a compliance application deadline of 31 March 2026 to give landlords a final window to apply at the standard rate before higher-rate enforcement fees applied. That deadline has now passed.
Can the Scheme Still Be Challenged?
A refusal of permission on the papers is not quite the end of the road — an applicant can request an oral renewal hearing. However, the refusal of the interim injunction means the scheme operates without interruption during any further proceedings. For all practical purposes, landlords should treat the scheme as settled law for the remainder of its five-year term through January 2031.
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What Landlords Should Do Now
If you delayed applying in the hope that the judicial review would overturn the scheme, that gamble did not pay off. Properties that should have been licensed since January 2026 are now well past the 12-week window, which means higher-rate fees apply (£1,767.40 instead of £1,034.90).
Continuing to operate without a licence while hoping for a future legal challenge is not a viable strategy. The enforcement risks — civil penalties up to £40,000 for certain selective licensing breaches and rent repayment orders of up to 24 months' rent for offences committed on or after 1 May 2026 — far outweigh the licence fee.
The pragmatic move is to apply now, pay the higher rate if applicable and bring the property into compliance.
For the full application walkthrough and fee breakdown, see our Thurrock landlord licensing guide.
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