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1: The Housing Act 2004 The new approach to the private sector Definition of “residential premises”. This means-
(a) a dwelling;("dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;)
(b) an HMO;
(c) unoccupied HMO accommodation;
(d) any common parts of a building containing one or more flats.
"dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;
Included as part of the dwelling are paths, yards, gardens and outbuildings associated or for use with or give access to the dwelling. Where the dwelling is a flat, bedsit etc, it includes common parts and common elements e.g. roof.
The score determines mandatory or discretionary action likely
Definition of “residential premises”. This means-
(a) a dwelling;("dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;)
(b) an HMO;
(c) unoccupied HMO accommodation;
(d) any common parts of a building containing one or more flats.
"dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;
Included as part of the dwelling are paths, yards, gardens and outbuildings associated or for use with or give access to the dwelling. Where the dwelling is a flat, bedsit etc, it includes common parts and common elements e.g. roof.
The score determines mandatory or discretionary action likely
3:
Mandatory Licensing [must licence]
Additional Licensing [local needs]
Selective Licensing [special cases] Types of Licensing
4: Mandatory Licensing All HMO’s consisting of:
3 or more storeys; and
5 or more individuals
In 2 or more households
[Licences normally issued for a 5 year period from the outset, but limited to a 2 year licence where the Council have concerns relating to the management of the property, etc.] Storeys includes basement, attic and mezzanines where used for habitable purposes.
A child from birth counts as a person.
Storeys includes basement, attic and mezzanines where used for habitable purposes.
A child from birth counts as a person.
5: Additional Licensing In Brent, we can use in TRANSITION the ‘old’ HMO Registration definitions (3 yrs max.), which includes all HMOs (including self-contained flats) with a few exceptions.
This is now called a transitional, additional scheme.
However, Brent to apply to the Secretary of State for a new Additional Licensing scheme that applies to all HMOs that have ‘shared amenities’ (i.e. will not include self-contained flats). Storeys includes basement, attic and mezzanines where used for habitable purposes.
A child from birth counts as a person.
Storeys includes basement, attic and mezzanines where used for habitable purposes.
A child from birth counts as a person.
6: Transitional/Additional Licensing During this transitional period, the Council is to prioritise all ‘shared amenity’ HMOs for Licensing.
Shared amenity HMOs, previously Registered under old scheme, have been ‘passported’ into Licensing (approx. 290 HMOs).
New applications for Licensing are also being prioritised according to the type of HMO (approx. 705 logged requests, with 324 recently issued, first 2 received and in progress).
The Basic Amenities are defined as:
Persons not forming a single household are defined as:
a) Persons who are not all members of the same family, or
b) Their circumstances are those recognised by specific Regulations. (E.g. Domestic Staff, Fosterers or Carers.)
Family Members are defined as parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin. A relationship of the half-blood shall be treated as a relationship of the whole-blood and a step-child of a person shall be treated as a child.
The Basic Amenities are defined as:
Persons not forming a single household are defined as:
a) Persons who are not all members of the same family, or
b) Their circumstances are those recognised by specific Regulations. (E.g. Domestic Staff, Fosterers or Carers.)
Family Members are defined as parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin. A relationship of the half-blood shall be treated as a relationship of the whole-blood and a step-child of a person shall be treated as a child.
7: Landlord’s of HMOs must apply for a licence - Applications will be prioritised and you will be told of your situation, i.e. to either to obtain a Licence now or be put in a waiting listing (pending Additional Licensing).
Please contact the Council now, if you haven’t already done so…
Criminal offence to operate an unlicensed HMO.
Up to Ł20,000 penalty on conviction.
BE SAFE, CALL THE HMO LICENSING TEAM ON 020 8937 2995 (fax. 020 8937 2388) (e.mail. phs@brent.co.uk)
In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
8: Landlord’s of HMOs may be allowed ‘TEMPORARY EXEMPTION’ from licensing - A ‘TEN’ [Temporary Exemption Notice] may be issued where a Landlord has a bone fide reason for having a licensable HMO that needs to remain unlicensed for the time being.
Any acceptable reason needs to be both legal and timely, e.g. processing possession for a sale, etc.
An exemption may be allowed for upto 3 months (and only a further 3 months in exceptional circumstances).
BE SAFE, CALL THE HMO LICENSING TEAM ON 020 8937 2995 (fax. 020 8937 2388) (e.mail. phs@brent.co.uk)
In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
9: License Holder Requirements Landlord or manager must be a “fit and proper person”
The Council must have regard to:
unspent criminal convictions
unlawful discrimination i.e. sex, colour, race etc
contraventions of any provision of law relating to housing or landlord/ tenant law
any person associated or formerly associated with applicant (whether on a personal, work or other basis) In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
10: License Holder Requirements Test for fitness (of proposed Licence holder and others) etc. and satisfactory management arrangements
Person Proposed to be involved in the management of the house, needs to show:
sufficient level of competence
proposed management structures and funding arrangements are suitable
In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
In order to determine whether the proposed license holder and manager are fit and proper persons, the LA must consider whether they have:
Committed any offence involving fraud or other dishonesty, or violence, or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
Contravened any provision of the law relating to housing or of landlord tenant law; or
Acted otherwise in accordance with any applicable code of practice approved under Section 233.
NB: (4) only applies to Licensing relating to HMO’s.
Also, whether:
Any person associated or formerly associated with the applicant has done any of the things set out in (1 - 4); and
The Evidence is relevant to whether the applicant is a fit and proper person to be the license holder.
Further Considerations for Proposed Managers:
Whether the person proposed has a sufficient level of competence to be so involved;
Whether the proposed person is a fit and proper person; and
Whether suitable management structures and funding arrangements are suitable.
11: Further information www.brent.gov.uk (local authority website)
www.dclg.gov.uk (general government website)
www.propertylicense.gov.uk (specialist government website)
www.IDeA.gov.uk (training biased government website)
www.londonlandlords.org.uk (landlord accreditation information)
www.hhsrs.org.uk (specialist information about ‘risk rating’)
12: Private Housing Services
London Borough of Brent
Tel. 020 8937 2385
Fax. 020 8937 2388
E.Mail. phs@brent.gov.uk
Definition of “residential premises”. This means-
(a) a dwelling;("dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;)
(b) an HMO;
(c) unoccupied HMO accommodation;
(d) any common parts of a building containing one or more flats.
"dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;
Included as part of the dwelling are paths, yards, gardens and outbuildings associated or for use with or give access to the dwelling. Where the dwelling is a flat, bedsit etc, it includes common parts and common elements e.g. roof.
The score determines mandatory or discretionary action likely
Definition of “residential premises”. This means-
(a) a dwelling;("dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;)
(b) an HMO;
(c) unoccupied HMO accommodation;
(d) any common parts of a building containing one or more flats.
"dwelling" means a building or part of a building occupied or intended to be occupied as a separate dwelling;
Included as part of the dwelling are paths, yards, gardens and outbuildings associated or for use with or give access to the dwelling. Where the dwelling is a flat, bedsit etc, it includes common parts and common elements e.g. roof.
The score determines mandatory or discretionary action likely
