Licensing and local Government enforcement

If you are renting a HMO property to five or more people in most cases you will be required to have a licence under Part 2 of Housing Act 2004 (mandatory licensing). In addition to this your local authority can create an additional licensing scheme to cover other HMO properties.

If the local authority identifies a genuine need for it then they can create a licensing scheme that applies to all properties in a specific area (selective licensing) regardless of whether they are a HMO or rented to individuals or families.

A local authority has the power to introduce selective licensing of private rented properties under the Housing Act 2004. The same Act also introduced a licensing regime for Houses in Multiple Occupation (HMO). 
If a local authority decides to consult on discretionary licensing, this guide will outline the legal requirements the local authority needs to fulfil as well as resources available to members to respond to the consultation process. 

If your HMO is licensed it will have to meet the national minimum amenity standards either before the licence is granted or within a specific timeframe set out in the conditions of the licence.

If you need to amend, build or change the use of a building usually you will need to have planning permission for it from your local planning authority. They will need to approve the work before it goes ahead, quite often adding specific conditions to ensure the work meets the building regulations for example.

However, if you have permitted development rights to for the specific change you want to make, you do not have to ask prior permission from the planning authority.

If a local authority does decide to implement Article 4 Directions then there will be a consultation process. This page provides resources and guidance for members on what to include in their own consultation responses.

Civil penalties are an alternative to prosecution for a variety of offences under the Housing Act 2004. For any of the listed offences, local authorities will now be able to fine the landlord as an alternative to bringing a prosecution against them.

Rent repayment orders are a means by which a tenant or local authority can seek to have up to 12 months of rent, Housing Benefit, or Universal Credit repaid, usually in addition to other fines. 

A banning order prohibits a person from renting out residential accommodation, engaging in letting agency work or engaging in property management work. It also prohibits a person from holding a HMO licence or a licence granted under a selective licensing scheme.

The Housing Health & Safety Rating System (HHSRS) is the way in which local authorities assess housing conditions in England and Wales. It uses a risk assessment approach. The aim is to provide a system that enables risks from hazards to be removed or minimised. The method is prescribed by Regulations, made under the Housing Act 2004.

If a local authority is satisfied that they need take action due to a breach of the Housing Health and Safety Rating System (HHSRS) they have a number of different options at their disposal including compelling the landlord to improve the property via an improvement notice or doing the work themselves where emergency remedial action is required.