For further
information about licensing your property, please contact
Environmental Services:
Telephone: 01638 719733
Email:
es@forest-heath.gov.uk
Licensing of Houses in Multiple Occupation (HMOs)
As a result of the Housing Act 2004 local councils throughout
England and Wales are required to introduce a mandatory licensing
scheme for the owners of certain types of homes. The new scheme is
designed to improve regulation of larger, higher risk premises
where there is a greater need for effective management to safeguard
the health, safety and welfare of HMO residents.
We are currently working with Landlords to assist them in
meeting the requirements of the Act and have answered the questions
below as part of this process:
Does my house need to be licensed?
What are the requirements of licensing?
How do I apply for a licence?
How much will a licence cost?
What does the term fit and proper person mean?
What are considered satisfactory management arrangements?
Are conditions attached to a licence?
When do I need to submit a licence application? Is there a
deadline?
How long does a licence last?
Do I have a right to appeal against licensing decisions that I
consider to be unreasonable?
What are the consequences for people who fail to obtain a licence
or who fail to comply with licence conditions?
Yes if you own a property
that is:
- three storeys or
more (storey includes residential basements, attics and
commercial units); and
- Occupied by five or
more persons (who are not all members of the same family unit)
as their only or main place of residence (full-time students in
further or higher education and persons in refuge accommodation are
treated as occupying premises as their only or main place of
residence).
But not if the property
is:
- Occupied by you and
members of your family and no more than 2 lodgers
- Converted into
self-contained flats to 1991 (or more recent) Building Regulation
Standards
- Converted into
self-contained flats and two thirds or more of the flats are
occupied by long leaseholders and/or their families (a long lease
is 21 years or more)
- Managed/controlled
directly by a registered social landlord (housing association), a
local housing authority, a police authority or a health service
body
- Occupied by full-time
students and managed directly by their educational
establishment
- Occupied principally for
the purposes of a religious community
The
Council will grant you a licence if:
1. You submit the correct
application and fee; and
2. It considers you to be
a fit and proper person and the most appropriate person to hold the
licence; and
3. It considers that the
proposed manager of the house is fit and proper person to be the
manager of the house
4. It considers that the
proposed management arrangements for the house are otherwise
satisfactory
Initially we ask that you
simply provide your contact details and HMO addresses to us and we
will send you an application form together with guidance on how to
make an application. Application forms should be available on this
site in due course.
The
basic cost of a licence is £500 with an additional fee depending on
the size of the accommodation as follows.
- Up to five units -
£100
- Six to ten units -
£200
- More than ten units -
£300
However, where the applicant is making an application for several
HMO licences from Forest Heath District Council every licence fee
except the first one they pay will be reduced by £250. This
reflects the reduced administration costs to the Council in
processing the application. A £250 reduction in the fee also
applies to HMO licence applications from registered charities.
Unfortunately this term
isn't defined. Instead the Council must regard to whether the
person has:
- Committed any offence
involving fraud or other dishonesty, violence or drugs, or sexual
offences;
- Practised unlawful
discrimination on grounds of sex, colour, race, ethnic or national
origins or disability in relation to their business activity;
- Contravened housing or
landlord and tenant law
In practice this means
that the Council will undertake Criminal Records Bureau (CRB)
checks and check the evidence that it already holds on that
person.
The Council must make a
judgement of whether any person who is to be involved in the
management of the house:
- has a sufficient level
of competence; and
- is a fit and proper
person
The
Council must also consider whether the management and funding
arrangements for the property are suitable.
In practice this means that the Council will take into account
whether a person has undertaken a recognised training course, holds
a recognised qualification and is a member of a recognised
professional association.
Yes, the licence must
specify the following conditions for the licence holder:
- to provide a copy of a
current and valid gas safety certificate covering all gas
appliances in the property to us every twelve months
- to keep electrical
appliances and furniture provided in a safe condition
- to ensure that there is
an adequate fire detection and warning system installed in the
house and to keep it in proper working order
- to supply the occupiers
of the house with a written statement of their terms of occupation
(contract)
We may also set further
conditions relating to:
- the maximum permitted
number of persons that can occupy the property
- restrictions or
prohibitions on the use of occupation of particular parts of the
property
- taking reasonable steps
to prevent or reduce anti-social behaviour by persons occupying or
visiting the house
- provisions of facilities
and equipment (i.e. in accordance with fire safety and amenity
standards)
- time-scales for works to
be completed
- proper maintenance of
facilities and equipment
- removal or reduction of
category 1 and 2 hazards identified under the Housing Health and
Safety Rating System (HHSRS) by the end of the licence period ( the
HHSRS is a new system for assessing the suitability of different
types of housing and will replace the previous fitness
standard)
Mandatory HMO licensing
was introduced on 6 April 2006 with a 3 month timetable for
implementation. This means that anyone running an HMO that is
subject to mandatory licensing (as set out above) after 6 July 2006
without a licence will be committing an offence. However, for
landlords who miss this deadline but make contact with us quickly
and take all reasonable steps to comply with licensing
requirements, the Council will not pursue further action.
Our intention is to grant
licences for five years, which is the maximum period permitted.
However there may be circumstances where a shorter licensing period
is considered more appropriate. The licence period is subject to
licence conditions being met, as we reserve the right to vary or
revoke a licence where relevant circumstances have changed.
Yes, licence applicants
may appeal to a residential property tribunal (RPT). More details
can be found on the RPT website at
www.rpts.gov.uk
Operating a licensable HMO without a licence is a summary
offence and the maximum penalty is £20,000. Furthermore, throughout
the period where the person is guilty of this offence, no rent or
substitute charge is payable by the occupiers and they cannot be
asked to leave.
Failure to comply with licence conditions is also a summary offence
and is subject to a maximum penalty, upon conviction, of
£5,000.
Does my house need to be licensed?
What are the requirements of licensing?.
1
How do I apply for a licence?. 1
How much will a licence cost?. 1
What does the term fit and proper person mean?.
2
What are considered satisfactory management
arrangements?. 2
Are conditions attached to a licence?. 2
When do I need to submit a licence application?
Is there a deadline?. 3
How long does a licence last?. 3
Do I have a right to appeal against licensing
decisions that I consider to be unreasonable? 3
What are the consequences for people who fail to
obtain a licence or who fail to comply with licence conditions?
3
Yes if you own a property
that is:
- three storeys or
more (storey includes residential basements, attics and
commercial units); and
- Occupied by five or
more persons (who are not all members of the same family unit)
as their only or main place of residence (fulltime students in
further or higher education and persons in refuge accommodation are
treated as occupying premises as their only or main place of
residence).
But not if the property
is:
- Occupied by you and
members of your family and no more than 2 lodgers
- Converted into
self-contained flats to 1991 (or more recent) Building Regulation
Standards
- Converted into
self-contained flats and two thirds or more of the flats are
occupied by long leaseholders and/or their families (a long lease
is 21 years or more)
- Managed/controlled
directly by a registered social landlord (housing association), a
local housing authority, a police authority or a health service
body
- Occupied by fulltime
students and managed directly by their educational
establishment
- Occupied principally for
the purposes of a religious community
The
Council will grant you a licence if:
1. You submit the correct
application and fee; and
2. It considers you to be
a fit and proper person and the most appropriate person to hold the
licence; and
3. It considers that the
proposed manager of the house is fit and proper person to be the
manager of the house
4. It considers that the
proposed management arrangements for the house are otherwise
satisfactory
Initially we ask that you
simply provide your contact details and HMO addresses to us and we
will send you an application form together with guidance on how to
make an application. Application forms should be available on this
site in due course.
The
basic cost of a licence is £500 with an additional fee depending on
the size of the accommodation as follows.
- Up to five units -
£100
- Six to ten units -
£200
- More than ten units -
£300
However, where the applicant is making an application for several
HMO licences from Forest Heath District Council every licence fee
except the first one they pay will be reduced by £250. This
reflects the reduced administration costs to the Council in
processing the application. A £250 reduction in the fee also
applies to HMO licence applications from registered charities.
Unfortunately this term
isn't defined. Instead the Council must regard to whether the
person has:
- Committed any offence
involving fraud or other dishonesty, violence or drugs, or sexual
offences;
- Practised unlawful
discrimination on grounds of sex, colour, race, ethnic or national
origins or disability in relation to their business activity;
- Contravened housing or
landlord and tenant law
In practice this means
that the Council will undertake Criminal Records Bureau (CRB)
checks and check the evidence that it already holds on that
person.
The Council must make a
judgement of whether any person who is to be involved in the
management of the house:
- has a sufficient level
of competence; and
- is a fit and proper
person
The
Council must also consider whether the management and funding
arrangements for the property are suitable.
In practice this means that the Council will take into account
whether a person has undertaken a recognised training course, holds
a recognised qualification and is a member of a recognised
professional association.
Yes, the licence must
specify the following conditions for the licence holder:
- to provide a copy of a
current and valid gas safety certificate covering all gas
appliances in the property to us every twelve months
- to keep electrical
appliances and furniture provided in a safe condition
- to ensure that there is
an adequate fire detection and warning system installed in the
house and to keep it in proper working order
- to supply the occupiers
of the house with a written statement of their terms of occupation
(contract)
We may also set further
conditions relating to:
- the maximum permitted
number of persons that can occupy the property
- restrictions or
prohibitions on the use of occupation of particular parts of the
property
- taking reasonable steps
to prevent or reduce antisocial behaviour by persons occupying or
visiting the house
- provisions of facilities
and equipment (i.e. in accordance with fire safety and amenity
standards)
- timescales for works to
be completed
- proper maintenance of
facilities and equipment
- removal or reduction of
category 1 and 2 hazards identified under the Housing Health and
Safety Rating System (HHSRS) by the end of the licence period ( the
HHSRS is a new system for assessing the suitability of different
types of housing and will replace the previous fitness
standard)
Mandatory HMO licensing
was introduced on 6 April 2006 with a 3 month timetable for
implementation. This means that anyone running an HMO that is
subject to mandatory licensing (as set out above) after 6 July 2006
without a licence will be committing an offence. However, for
landlords who miss this deadline but make contact with us quickly
and take all reasonable steps to comply with licensing
requirements, the Council will not pursue further action.
Our intention is to grant
licences for five years, which is the maximum period permitted.
However there may be circumstances where a shorter licensing period
is considered more appropriate. The licence period is subject to
licence conditions being met, as we reserve the right to vary or
revoke a licence where relevant circumstances have changed.
Yes, licence applicants
may appeal to a residential property tribunal (RPT). More details
can be found on the RPT website at
www.rpts.gov.uk
Operating a licensable HMO without a licence is a summary
offence and the maximum penalty is £20,000. Furthermore, throughout
the period where the person is guilty of this offence, no rent or
substitute charge is payable by the occupiers and they cannot be
asked to leave.
Failure to comply with licence conditions is also a summary offence
and is subject to a maximum penalty, upon conviction, of
£5,000.
Does my house need to be licensed?Yes if you own a property that
is:
- three storeys or more (storey includes
residential basements, attics and commercial units);
and
- Occupied by five or more persons (who are not
all members of the same family unit) as their only or main place of
residence (fulltime students in further or higher education and
persons in refuge accommodation are treated as occupying premises
as their only or main place of residence).
But not if the property is:
- Occupied by you and members of your family and no more than 2
lodgers
- Converted into self-contained flats to 1991 (or more recent)
Building Regulation Standards
- Converted into self-contained flats and two thirds or more of
the flats are occupied by long leaseholders and/or their families
(a long lease is 21 years or more)
- Managed/controlled directly by a registered social landlord
(housing association), a local housing authority, a police
authority or a health service body
- Occupied by fulltime students and managed directly by their
educational establishment
- Occupied principally for the purposes of a religious
community
What are the requirements of licensing?
The Council will grant you a licence if:
- You submit the correct application and fee; and
- It considers you to be a fit and proper person and the most
appropriate person to hold the licence; and
- It considers that the proposed manager of the house is fit and
proper person to be the manager of the house
- It considers that the proposed management arrangements for the
house are otherwise satisfactory
How do I apply for a licence?
Initially we ask that you simply provide your contact details and
HMO addresses to us and we will send you an application form
together with guidance on how to make an application. Application
forms should be available on this site in due course.
How much will a licence cost?
The basic cost of a licence is £500 with an
additional fee depending on the size of the accommodation as
follows.
- Up to five units - £100
- Six to ten units - £200
- More than ten units - £300
However, where the applicant is making an application for
several HMO licences from Forest Heath District Council every
licence fee except the first one they pay will be reduced by
£250. This reflects the reduced administration costs to the
Council in processing the application. A £250 reduction in
the fee also applies to HMO licence applications from registered
charities.
What does the term fit and proper person mean?
Unfortunately this term isn't defined. Instead the Council must
regard to whether the person has:
- Committed any offence involving fraud or other dishonesty,
violence or drugs, or sexual offences;
- Practised unlawful discrimination on grounds of sex, colour,
race, ethnic or national origins or disability in relation to their
business activity;
- Contravened housing or landlord and tenant law
In practice this means that the Council will undertake Criminal
Records Bureau (CRB) checks and check the evidence that it already
holds on that person.
What are considered satisfactory management arrangements?
The Council must make a judgement of whether any person who is to
be involved in the management of the house:
- has a sufficient level of competence; and
- is a fit and proper person
The Council must also consider whether the management and
funding arrangements for the property are suitable.
In practice this means that the Council will take into account
whether a person has undertaken a recognised training course, holds
a recognised qualification and is a member of a recognised
professional association.
Are conditions attached to a licence?
Yes, the licence must specify the following conditions for the
licence holder:
- to provide a copy of a current and valid gas safety certificate
covering all gas appliances in the property to us every twelve
months
- to keep electrical appliances and furniture provided in a safe
condition
- to ensure that there is an adequate fire detection and warning
system installed in the house and to keep it in proper working
order
- to supply the occupiers of the house with a written statement
of their terms of occupation (contract)
We may also set further conditions relating to:
- the maximum permitted number of persons that can occupy the
property
- restrictions or prohibitions on the use of occupation of
particular parts of the property
- taking reasonable steps to prevent or reduce antisocial
behaviour by persons occupying or visiting the house
- provisions of facilities and equipment (i.e. in accordance with
fire safety and amenity standards)
- timescales for works to be completed
- proper maintenance of facilities and equipment
- removal or reduction of category 1 and 2 hazards identified
under the Housing Health and Safety Rating System (HHSRS) by the
end of the licence period ( the HHSRS is a new system for
assessing the suitability of different types of housing
and will replace the previous fitness standard)
When do I need to submit a licence application? Is there a
deadline?
Mandatory HMO licensing was introduced on 6 April 2006
with a 3 month timetable for implementation. This means
that anyone running an HMO that is subject to mandatory
licensing (as set out above) after 6 July 2006 without a
licence will be committing an offence. However, for
landlords who miss this deadline but make contact with us quickly
and take all reasonable steps to comply with licensing
requirements, the Council will not pursue further
action.
How long does a licence last?
Our intention is to grant licences for five years, which is the
maximum period permitted. However there may be circumstances where
a shorter licensing period is considered more appropriate. The
licence period is subject to licence conditions being met, as we
reserve the right to vary or revoke a licence where relevant
circumstances have changed.
Do I have a right to appeal against licensing decisions
that I consider to be unreasonable?
Yes, licence applicants may appeal to a residential property
tribunal (RPT). More details can be found on the RPT website at
www.rpts.gov.uk
What are the consequences for people who fail to obtain a
licence or who fail to comply with licence conditions?
Operating a licensable HMO without a licence is a summary offence
and the maximum penalty is £20,000. Furthermore,
throughout the period where the person is guilty of this
offence, no rent or substitute charge is payable by the occupiers
and they cannot be asked to leave.
Failure to comply with licence conditions is also a summary offence
and is subject to a maximum penalty, upon conviction, of
£5,000.
Where can I obtain further advice and information?
For more specific advice please contact us on
01638
719733 or email us at
es@forest-heath
.gov.uk
You may also find it useful to read our
HMO licensing Policy.
Other sources of information include:
UK Legislation Website
www.opsi.gov.uk
www.opsi.gov.uk/acts/acts2004/20040034.htm
Department for Communities and Local Government
Website
http://www.communities.gov.uk
Local Landlord Associations
Eastern Landlords Association
Unit 4, St Francis House
141-147 Queens Road
Norwich
Norfolk
NR1 3PN
Tel: 01638 767101
Fax: 01603 633738
Email:
info@easternlandlords.org.uk
Website:
www.easternlandlords.org.uk
Other Housing organisations
http://www.cih.org/
http://england.shelter.org.uk/
www.jrf.org.uk