Landlords suspected to be in breach of licensing are attending interviews with a local council under criminal caution, a lawyer has said.

The council concerned, Wirral, has confirmed it is conducting such interviews.

David Kirwan, managing partner at regional law firm Kirwans, has suggested other councils are also using “heavy-handed” tactics.

He said that landlords whose properties contravene licensing criteria are being called in for the interviews with Wirral Council under criminal caution – known as PACE.

PACE interviews are a formal evidence-gathering procedure, usually recorded. The evidence obtained can be used against the suspect in any subsequent prosecution.

Kirwan said that because many landlords do not understand what is involved, they do not take a solicitor with them.

As a result, said Kirwan, they are risking harsher civil penalties and possible prosecution.

Wirral Council says that landlords called in for PACE interviews are told they might want to take legal advice.

However Kirwan said: “A number of landlords have contacted me seeking legal assistance after a PACE interview has taken place, a criminal prosecution has started or penalties have been imposed.

“Unfortunately, by that point it is sometimes too late to engage with the council and landlords may be left with the options of either appealing to the First Tier Tribunal or to deal with a criminal prosecution in the courts.

“The preferable option, and one which is open to local authorities, is to work with landlords failing to comply, to offer advice and support, educate them about their duties and responsibilities and help to create a reliable pool of landlords instead of imposing swingeing penalties or criminal prosecution.

“At a time when the UK is facing a critical rental shortage, council support and education would be of far more benefit to landlords and tenants alike than turning to these overly harsh sanctions.

“Unfortunately, I have not seen a great deal of evidence to suggest that that is happening.”

Kirwan added that the heavy-handed approach taken by some councils was not necessarily appropriate for well-meaning landlords who were still learning the ropes or simply daunted by the bureaucracy.

He said: “While most people agree that rogue landlords operating in the sector should be rooted out and penalised accordingly, councils should be absolutely certain that the punishment fits the crime, and make sure that they are not throwing the baby out with the bath water.”

Wirrall Council is proposing to extend selective licensing and to have four existing licensing areas re-designated next June.

Yesterday evening, a spokesperson for the council told EYE: “We do not accept that we don’t advise landlords appropriately if they are invited for a PACE interview.

“We interview a small number of landlords who have failed to license their properties or have failed to comply with a statutory notice, following a series of reminder letters and continued non-compliance.

“Prior to an interview conducted under caution, landlords receive a letter to advise them of why the interview will take place, and the consequences of failing to comply with legislation.

“This letter explains the purpose of the interview, and clearly states that landlords may wish to obtain legal advice before attending – or, to have a solicitor or legal adviser present for its duration.

“To educate landlords on their duties and legal responsibilities, Wirral Council also holds an annual landlords’ forum – which is free to attend – alongside regular newsletters and free training sessions.”