Private Sector Housing VO1/257/15

APPLICATION FOR ADDITIONAL HMO LICENSING (257 property)

PART 1

PERSONAL DETAILS

The information you provide must be correct and you will be bound by the answers you give.

Important information about Management Companies and who has the 'Right to Manage'

This form is designed to be completed by the management company of the property. What this means in law, is the body which has the 'Right to Manage’. This may be a company, an individual or a group of leaseholders, for example. The leases for the flats can provide further information. One simple way to decide is to find out who receives the service charges.

Often the leaseholder management companies have names such as the 'Address of the property Management Company Ltd'. Leaseholders come together to have formal meetings and decide who will be Directors of this company and how the management duties will be carried out. If there is no clear management – if the original freeholder and developer did not enshrine the right to manage on the leases, it will be necessary for leaseholders to go to court to establish 'Right to Manage'.

More information on this process can be obtained from the HMO Licensing Officer or from a solicitor who specialises in property matters.

'Right to manage' – these are the possibilities:

The freehold owner who developed the property and granted the original leases – ground rent is paid to this person or company and also service charges for the insurance, repairs and maintenance.

The current freeholder (if the freehold has been purchased/transferred) who also has the right to manage.

A freehold owner of the whole property – where no leases have been granted.

A named company on the leases. The developer would have granted the right to manage to this company and they levy charges and discharge management duties. This will only be the case if the company is named on the leases.

A leaseholder management company. The leaseholders together are entitled to manage the property and should be active in the company, appointing directors to discharge duties. Normally they would appoint a commercial block management company to do the work for them.

There does not appear to be any management company. The leaseholders are not paying service charges and the building may be in need of repair, but with no mechanism for organising this or getting everyone to pay their share.

If this is the case it may be necessary to get all or a proportion of leaseholders to take legal action together and go to court to obtain the legal right to manage.

Remember, the freeholder doesn’t automatically have the right to manage. The freeholder owns the land on which the building is sited. The freeholder can also own the property outright, in which case no leases would be granted. Where leases are granted, the freeholder’s rights are limited by the leases.

Where the right to manage is not clear, the freeholder can provide the necessary link to enable proper management to be put in place.

Freeholders also have the right to grant lease extensions, so keeping up the good relationship between leaseholders and freeholders is vital.

Ultimately, if leaseholders do not pay their service charges or expenses in connection with the property the freeholder can apply to the courts for the lease to be quashed. As long as the proper procedures have been followed, the lease then reverts back to the freeholder which would result in significant losses for the leaseholder.

Share of Freehold

Share of freehold is where the flat is owned outright however each of the flat owners has a share of the freehold and share the responsibility of the maintenance and repairs for the building. For licensing purposes one of the freeholders shall be nominated to become the Licence Holder (they must have day to day control) and all freeholders should sign the declaration under Part 6 of this application.

NAME & ADDRESS OF THE APPLICANT:

Full Name:
Address:
…………………………………………………………………………………………..
…………………………………………………………………………………………..
…………………………………………………………………………………………..
Postcode: / Telephone No:………………………
Mobile No.:…………………………..
Email address:

PLEASE INDICATE THE APPLICANT’S INTEREST IN THE HMO:

Are you the Freeholder or the Manager? / Freeholder / Manager
If you are not the freeholder please specify Ownership Details:
Full Name:
Address:
…………………………………………………………………………………………..
…………………………………………………………………………………………..
…………………………………………………………………………………………..
Postcode: / Telephone No:………………………
Mobile No.:…………………………..
Email address:

NAME OF PROPOSED LICENCE HOLDER:

The applicant for the HMO licence will be the LICENCE HOLDER. This can be the owner of the block, the management company or another responsible person BUT the licence holder must be a person who has, in respect of the house, the power and authority, including financial authority, to properly discharge all aspects of managing the house. For self-contained flat blocks, the general rule will be that the applicant will be the management company as defined above.

As long as the applicant has the financial interest in the property, as one of the types of managers listed in part 2 above, and is also able to have control over the property for matters such as maintenance, repairs, safety etc. then the applicant can be the licence holder. This could be an individual, a company, a Director of the leaseholder management company or another responsible person. It is also possible for the commercial block management company who has been hired to carry out day to day management functions to also take on the licence function. As the licence lasts for 5 years and there will be binding conditions, the duration of the contract between the block managers and those with ‘right to manage’ should also be a minimum of 5 years. If there is any doubt, we can advise you.

The applicant must sign this form and the ‘fit and proper person’ declaration. If the applicant is NOT the owner, then the owner must be in agreement for the application to be submitted. This will be checked after submission. The local authority has a duty to award the licence to the most appropriate person.

If the proposed licence holder is the same as Applicant please tick here

Please indicate the Licence Holders interest in the property:

Freehold owner/s of the whole building

Freeholder with right to manage (building comprises leasehold flats)

Management company (leaseholder led)

Management company (company defined on leases)

Commercial block management company

Other

Full Name:
Address:
…………………………………………………………………………………………..
…………………………………………………………………………………………..
…………………………………………………………………………………………..
Postcode: / Telephone No:………………………..
Mobile No.:…………………………….
Email address:

Explanation if required:

......

Is the proposed Licence Holder a member of the LAS? YES/NO

LAS membership number …………………………………………….

IF THE PROPOSED LICENCE HOLDER IS A COMPANY, PARTNERSHIP OR

TRUST THEN PLEASE PROVIDE:

The names and business/correspondence addresses of all the Directors/Partners/Trustees:

Full Name:
Address:
…………………………………………………………………………………………..
Postcode: / Telephone No:………………………
Mobile No.:…………………………..
Email address:
Full Name:
Address:
…………………………………………………………………………………………..
Postcode: / Telephone No:………………………
Mobile No.:…………………………..
Email address:

b) The name and registered address of the Company Secretary

Full Name:
Address:
…………………………………………………………………………………………..
Postcode: / Telephone No:………………………
Mobile No.:…………………………..
Email address:

RESPONSIBILITY FOR THE HMO:

Is the proposed Licence Holder the person who would be in “day to day” control of the HMO and be bound by any conditions that are attached to the licence, if granted?
If NO, please provide information on the reasons why and the details of the person who would have this responsibility.
……………………………………………………………………………
…………………………………………………………………………… / YES/NO
Does the proposed Licence Holder also use the facilities of a Letting Agents to maintain the conditions of the licence? / YES/NO
Please specify giving full contact details:
…………………………………………………………………………………………..
…………………………………………………………………………………………..
…………………………………………………………………………………………..

FIT AND PROPER

When considering an application to license a HMO, the Local Authority must be satisfied that the proposed Licence Holder is a “Fit and Proper” person to hold a Licence. It is therefore necessary that the following details be supplied about the proposed Licence Holder and any other person that the applicant proposes will be involved in the management of the house.

Please consider the following statements in respect of the Proposed Licence Holder and Manager and indicate your answer below using the tick box.

1)  They have one or more unspent convictions, which may be relevant to their fitness to hold a licence or to manage a licensed HMO, in particular, any such convictions in respect of any offence involving fraud or other dishonesty, violence, drugs, or any offence listed in schedule 3 of the Sexual Offences Act 2003.

2)  A Court or Tribunal has found that they have practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origin, or disability, in or connection with the carrying on of any business.

3)  They have had any judgement made against them in civil or criminal proceedings due to contravention(s) of any provision of any enactment relating to housing, public health, environmental health or landlord and tenant law.

4)  In the last five years they have owned or managed a property which has been subject to a control order under section 379 of the Housing Act 1985, or any enforcement action under Part 1 of the Housing Act 2004.

5)  They have owned or managed a property for which a local authority has refused to grant a licence under Part 2 of the Housing Act 2004.

6)  They have owner or managed a property for which a local authority has revoked a licence under Part 2 of the Housing Act 2004, because the licence holder breached the conditions of the licence.

7)  They have owned or managed a property which has been the subject of an interim or final management order under Part 4 of the Housing Act 2004.

One or more of the above statements is true for the proposed licence holder or manager. Additional information must be included with the application including full details, including dates, properties, action taken etc. Please provide this on a separate sheet, making clear which person it relates to.

None of the above statements apply to the proposed licence holder or manger.

DECLARATION

I/we declare that the information contained in this application is correct to the best of my/our knowledge. I/we understand that I/we commit an offence if I/we supply any information to a local housing authority in connection with any of their functions under any of Parts 1 to 4 of the Housing Act 2004 that is false or misleading and which I/we know is false or misleading and which I/we know is false or misleading or am/are reckless as to whether it is false or misleading. I/we agree that, for the purposes of HMO licensing or other Council business, the Council can share the information provided in this application with other Councils, other Council Services and other relevant agencies as appropriate, including certain information as required to be issued as part of any public register, which will be available to the general public.

Signed:……………………………………………………………………(all applicants)

Dated:………………………………….

The Council must be satisfied that proper management arrangements are in place

Please provide full information about how the house is managed:

Management requirements / Describe the management and maintenance arrangements in place
Routine property checks - how often is the property checked and what arrangements are in place for routine inspections, repairs and maintenance?
What arrangements are in place for out of hours’ emergencies?
What arrangements are in place for cleaning of common parts and refuse disposal? How often?
A notice board should be provided which has important information displayed – confirm this has been fitted and confirm the information that is displayed. / Contact details
Out of hours info.
Fire procedure
Gas and Electric Certificates (if applicable)
Insurance
No smoking
Cleaning routines
Refuse and recycling information
Other – please state /
Confirm the arrangements for the paying of service changes. / How often; what is included?
What arrangements are in place for dealing with disputes/antisocial behaviour?
How do you arrange for testing and maintenance of fire alarm systems (and emergency lighting, if applicable) and how often?
If there is a leaseholder management company, give details of the meetings and confirm the processes you comply with, in order to ensure the company is properly maintained.
Are there any problems that the Council should be aware of, such as serious arrears with service charges, disrepairs or abandoned flats, for example:
Do you own or manage a HMO that has been licensed by another
Local Authority?
Please include with this application a copy of the HMO Licence that has been granted by that Authority. / YES/NO
…………………………………………………………………………….
Do you own or manage any properties within another Local
Authority’s Area?
Please specify which Local Authority(s):
…………………………………………………………………………………….
…………………………………………………………………………………….
……………………………………………………………………………………. / YES/NO
Do you own or manage any other privately let properties within
the area of Portsmouth City Council?
Please provide details. If you are a ARLA registered Letting Agent, you need not fill this in, you will be contacted separately.
…………………………………………………………………………………….
…………………………………………………………………………………….
……………………………………………………………………………………..
…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………………………………………………….
…………………………………………………………………………………….
……………………………………………………………………………………. / YES/NO

PART 2 - PROPERTY DETAILS

The application for a Licence must be made by either the owner of the HMO or by the person managing the HMO. To be able to licence a HMO, a manager must be able to demonstrate that he/she has a proper contractual arrangement with the owner that makes the manager fully responsible for the day-to-day control of the HMO (i.e. would usually include taking on new tenants, collection of rent, organising repairs etc.).

ADDRESS OF HMO TO BE LICENCED (please print in block capitals):

…………………………………………………………………………………………
…………………………………………………………………………………………

AGE OF BUILDING:

Please tick the appropriate box to indicate the age of the building: