Licensing of houses in multiple occupation
Rented housing accommodation provided by private landlords
On 6 April 2006 mandatory licensing of Houses in Multiple
Occupation (HMOs) came into force across England under the Housing
Act 2004. Licensing aims to raise the standard of accommodation for
people living in HMO’s.
What types of HMOs come within the licensing scheme?
All HMO’s of three or more storeys in height and having five or
more occupiers within at least two households must be licensed.
Tower Hamlets previously had an Additional Licensing Scheme, but
this has not been renewed and ended on 31 March 2009. All
licenses issued under the previous Additional Scheme will continue
to remain in place until they expire at the end of their 3-year
period and will be enforceable.
Premises exempt from licensing include those converted into self
contained flats where the requirements of Building Regulations 1991
have been met.
Licence application process
Applicants must complete the form and return it to us with the
appropriate fee and supporting documentation. Applicants must be a
fit and proper person to hold the licence.
If the form is not completed or fee not enclosed, it will be
returned with a covering letter requesting that the form is
completed in full or requesting supporting documentation. We do not
give assistance in the completion of the form.
Licences will be granted if:
- The house is or can be made suitable for
multiple occupation
- The applicant is a fit and proper person and
the most appropriate person to hold the licence
- The proposed manager has control of the
house, and is a fit and proper person to be the manager
- The management arrangements are
satisfactory.
Supporting documentation
- Gas safety certificate
- Fire Alarm Certificate
- Electricity safety Certificate
- Floor plan of the entire property
Licence fees
The licence will be for a maximum period of three years and the
licence fee charged by us is to cover the costs associated with
processing and administrating the scheme. The basic fee is £375
plus £25 per habitable room (habitable room includes all rooms used
for living and sleeping purposes but excludes kitchens, bathrooms,
WC and store rooms).
Re-licence will be calculated on the basis of
£40 per habitable room. A fee of £90 is charged for amendments to
licence details, such as a change in the name and address of a
licensee or manager.
The correct fee must accompany the
application. Please note that there is no provision for return of
the fee should the licence be refused or revoked. However, in the
case of an application having been made for an exempt property the
fee will be returned. It Anyone applying for a licence should
therefore be fully aware of our requirements.
We reserve the right to review our
licence fee structure and increase or decrease it as
appropriate.
Fit and proper person
The Housing Act 2004 requires an applicant or
person involved in the management of an HMO to be a fit and proper
person. We must consider whether the applicant, any person
associated with him or formally associated with him, whether
socially or on a work basis has:
- Committed an offence involving; (a) Fraud (b) Dishonesty (c)
Violence (d) Drugs (e) Schedule three of the Sexual Offences
Act
- Practiced unlawful discrimination on the grounds of sex,
colour, race, ethnic or national origins or disability in relation
to a business
- Contravened any provision of housing or landlord and tenant
law. In particular, within the last five years been control of
any property subject to; (i) A control order (ii) Proceedings
by a local authority (iii) The local authority having to carry out
works in default (iv) A management order under the Housing Act
2004 or been refused a licence or breached conditions of a
licence
- Acted in contravention of any approved code of practice
We will approach other local authorities,
police, the fire service, the office of fair trading and any other
authority for information and confirmation of statements made in
relation to a licence application. The signing of the application
form will be taken as your agreement to any such action.
We also require the applicant to provide a
recent criminal records bureau statement in support of their
application.
Licence conditions
We grant licences for a maximum period of three years. Each
licence has conditions attached and the mandatory conditions under
the Housing Act 2004 are as follows:
- Gas safety certificate must be provided annually
- All electrical appliances provided as part of the tenancy must
be in a safe condition
- All furniture provided as part of the tenancy must be in a safe
condition
- Smoke alarms are installed within the house and are maintained
in proper working order
- A declaration, as and when required by the council, as to the
condition and positions of such alarms
- The tenants must be provided with a tenancy agreement
In addition to the above mandatory conditions,
we attach the following conditions in all circumstances:
- The HMO will comply with statutory requirements and this
includes current and future management regulations produced by the
government
- Anti-social behaviour within the HMO is dealt with under the
terms of the tenancy agreement
- Anti-social behaviour outside the building is notified to the
council and the police by the licence holder or manager who will
work with them to eliminate it
- Maintenance reports must be supplied to the council annually
for emergency lighting, fire detection and alarm systems
- The licensee must be a member of the Landlord Accreditation
scheme within two years from the date when the licence is
issued
- Within the common part must be clearly displayed: (i) copy of
the licence (ii) copy of the current gas safety certificate
(iii) name, address and telephone number of the licensee or manager
of the premises
- The licensee or his/her manager will provide, to any authorised
officer of the council, access into the licensed premises as and
when required to do so.
Additional conditions may be applied to a
licence with respect to use, management and occupation of the HMO
whenever this is appropriate and we may wish to see evidence of
compliance with these conditions at any time during the license
period.
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Penalties
A person in control or managing an HMO and who fails to licence
it, in contravention of the Housing Act 2004, may on summary
conviction be liable to a fine not exceeding £20,000.
Apply
Complaints and appeals
Please contact us in the first instance. You
may also appeal to the Residential Property Tribunal regarding
refusal, conditions attached to a licence, or any decision to
grant, vary or revoke a licence. The address is
Residential Property Tribunal
10 Alfred Place
WC1E 7LR
Tel: 020 7446 7700
Email: london.rap@odpm.gsi.gov.uk
Any appeal must be made within 28 days of the decision being
made.
Contact us
The Health & Housing team
Environmental Protection Service
Mulberry Place (AH)
PO Box 55739
5 Clove Crescent
London E14 1BY
Tel: 020 7364 5008
Fax: 020 7364 6831
Email: environmentalhealth@towerhamlets.gov.uk