Transcript HMO Licensing

HMO Licensing
A Guide for Landlords
Paul Mishkin MCIEH
Environmental Health Officer
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Introduction - Housing Act 2004
HMO Licensing - why now?
What HMOs will need a Licence?
How do I apply for a Licence?
Will the Council inspect before issuing a
Licence?
• What conditions will the Council impose?
• What do I do next?
• Further information
Introduction - Housing Act 2004
• Part 2 of the Housing Act 2004 relates to
HMO Licensing.
• Due to come into force 6th April 2006,
although the enforcement provisions will be
implemented later on 3rd July 2006.
• Housing Act 2004 also brings in the new
HHSRS, selective licensing, EDMOs
• Part of Govt. drive to reform PRS and
modernise the approach taken both by
Councils and Landlords.
HMO Licensing - why now?
• EHOs and others have been campaigning
for HMO Licensing for years.
• Labour manifesto commitment since 1997.
• PRS is improving, Landlords becoming
more professional, stock condition
improving.
• However a minority of rogue Landlords still
remain, and many in control of high risk
HMOs; hence the introduction of mandatory
Licensing with defined parameters.
What HMOs will need a Licence?
• Mandatory HMO Licensing relates to specific high risk
HMOs
• There will also be additional Licensing for other HMOs
where the Council feels it is relevant and gets permission
from Govt. to run such a scheme.
• Mandatory Licensable HMO is an HMO:
3+ storeys (inc. occupied basements, attics, commercial
storeys e.g. GF restaurant will be counted as a storey);
5+ occupants consisting of 2+ households;
Amenities (bathroom/wc/kitchen) being shared, or
completely lacking - HMOs in self contained flats will
therefore NOT require a Licence.
How do I apply for a Licence?
• You should approach the Council and request an
HMO Licence application pack;
• Complete all relevant details and be aware that
you will be required to sign a legal declaration
stating that you are a ‘fit and proper person’;
• The application form will also require specific
details about the property and the management of
the property, seek advice from the Council if you
need help completing it.
Will the Council inspect before issuing a
Licence?
• Council’s will be under a duty not only to ensure that all
Licensable HMOs are Licensed but that the Licensing
scheme operates well;
• They will also be required to ensure that no Category 1
hazards under HHSRS are present within a Licensable
HMO within 5 years of the date of HMO Licence
application.
• This means that the Council will definitely inspect;
however exactly when they programme this inspection will
depend on any previous involvement with the property
(inc. any risk assessments) as well as other factors. As a
general rule HMOs with no previous Council involvement
will have an inspection at point of application.
What conditions will the Council
impose?
• A Licence will have various conditions attached to it, some
are mandatory conditions whereas others will be locally
agreed discretionary conditions.
• Mandatory conditions include production of a gas safety
cert., elec. test certs. (PAT tests), to keep furniture in a safe
condition (i.e. compliant with fire regs.), to have
appropriately located operational smoke alarms and to
provide occupants with a written statement of terms (i.e.
tenancy agreement).
• Discretionary conditions may include requirements to
provide certain amenities to keep the property up to
minimum standards, as well as reducing ASB and
prohibiting use of parts of the property.
What do I do next?
• Approach the Council to find out local
arrangements such as Licence fees and whether
any additional Licensing schemes are being
introduced;
• Approach LLAS - if you become accredited you
may get a discount for the Licence fee and will
help you prove that you are a ‘fit and proper
person’;
• Stay up to date with developments and ‘best
practice’
Further information
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www.propertylicence.gov.uk
Council Env. Health dept.
Landlord’s organisations
London Landlord’s Accreditation Scheme www.londonlandlords.org.uk/accreditation/home