Houses in Multiple Occupation

Houses in Multiple Occupation

Standards and Licence Conditions for HMOs subject to Licensing –

these standards came into effect on the 1 April 2012 and supersede all previous editions

Before making an application for a licence for a House in Multiple Occupation (HMO), please ensure that you have read the following standards and accompanying guidance notes. They are detailed and extensive and if followed will enable you to complete the application form correctly and assist you to reach compliance with all the licensing requirements. If you require any further advice or explanation regarding the Licensing Scheme or the relevant standards, please contact the HMO team on 0191 211 6102.

N.B. Before carrying out any work to comply with the requirements contained within these standards you should consult the Building Control Section and Development Control team. In addition if the building is Listed or is located in a Conservation Area you will need permission from the Conservation and Historic Environment team before carrying out any work.

The Licence Application form comprises seven sections. Part 1 must be completed by the owner(s) of the property. Part 2 must be completed by the proposed licence holder. Part 3 must be completed where a manager is to be employed. Part 4 deals with notifications to relevant persons; you must tell anyone with an interest in the property of your intention to apply for a licence. Part 5 covers property and management standards. Part 6 gives information on disclosure of convictions and Part 7 requires declarations by the proposed licence holder and manager where appropriate.

N.B. Once a licence has been granted it CANNOT be transferred. If a change in licence holder is proposed a new application (together with the appropriate fee) must be made. Please seek clarification where there is any uncertainty.

1. Licensing of HMOs

The Licensing scheme commenced on the 6 April 2006. A licence is required for an HMO where there are 5 or more persons living together in a property comprising 3 or more floors. The licence will be valid for a maximum of 5 years, from the date of issue, and will specify the maximum number of occupants or households. The occupancy number will depend upon the number and size of rooms and the kitchen and bathroom facilities.

The City Council maintains a Public Register of all premises licensed under this scheme, or subject to a management order, which can be viewed at the Customer Service Centre, Civic Centre or online at http://www.newcastle.gov.uk/housing/houses-multiple-occupation/houses-multiple-occupancy?opendocument and following the link to view online HMO Licensing Applications

· Any person who operates an HMO without the requisite licence or allows a greater number of occupants than that allowed by the licence will be guilty of an offence and may on conviction be liable to a fine not exceeding £20,000.

· Failure to comply with any conditions attached to the licence may result on conviction in a fine not exceeding £5,000 for each offence.

2. Fees applicable from 1st April 2012

Once the application form has been completed and all of the supporting documentation and certification has been collated the complete pack must be submitted to

Public Health and Housing

Regulatory Services

Newcastle City Council

Room 702

Civic Centre

Barras Bridge

Newcastle upon Tyne

NE1 8PB.

Alternatively the form can be completed online, the documents and certificates scanned and the completed pack submitted via e mail address on the website. Further information on this can be found at http://www.newcastle.gov.uk/housing/houses-multiple-occupation/houses-multiple-occupancy?opendocument

No fee is required to be paid at the time of the submission of the application form. The application will be processed and when it is validated a letter will be sent to the proposed licence holder advising of the fee to be paid prior to the issuing of the licence.

The fees will be calculated using the tables below

Application Fees

For a Single Property or the First Property of a Portfolio / For the Second and Subsequent Properties in a Portfolio
Fee to licence an unlicensed property - based on 5 persons sharing / £835.00 / £560.00
Fee to re-licence a licensed property to the same owner - based on 5 persons sharing / £650.00 / £500.00
Fee to re-licence a licensed property to a different owner - based on 5 persons sharing / £835.00 / £560.00
Additional fee for properties with more than 5 persons sharing - per additional person / £16.00 / £16.00

Discounts

For a Single Property or the First Property of a Portfolio / For the Second and Subsequent Properties in a Portfolio
Where a complete application form is received which can be validated immediately without any further requests for information or documentation being necessary. / £50.00 / £50.00
Where the proposed licence holder has achieved National Landlord Association Accredited Status (tested). A certificate of accreditation must be provided to receive this discount. / £50.00 / £50.00

Penalties

For all Applications
Additional fee levied for the first letter requiring the provision of documents or certificates to allow validation of the application / Included in the application fee
Additional fee levied for all further letters requiring the provision of documents or certificates to allow validation of the application / £50.00
Additional fee levied for the service of a formal notice demanding the provision of documents or certificates to allow validation of the application. / £50.00

Licence Variations

Where a licence has been issued and any circumstances change during the licence period the licence holder must, as soon as practicable, notify the City Council of the change to enable the details relating to the licence to be amended, the public register to be updated and if appropriate copy licences to be sent that show the new details. A fee will be charged for this service and these fees are detailed below

For all Applications
Variation of Licence to show increase or decrease in occupancy levels. / £56.50
Change in Management Arrangements where the new arrangements have not been previously validated by the City Council - fee levied for a single property or the first property of a portfolio.
Fee levied for the second and subsequent properties in a portfolio - per property / £56.50
£36.50
Change in Management Arrangements where the new arrangements have been previously validated by the City Council - fee levied for a single property or the first property of a portfolio.
Fee levied for the second and subsequent properties in a portfolio - per property / £36.50
£36.50
Change of Licence Holders permanent address - one off fee / £36.50

In circumstances where the licence holder dies and the licence is taken over by a member or members of the deceased licence holders family the licence will be varied to show this change and issued to the new licence holder(s). A fee of £56.50 will be charged for a single property or the first property of a portfolio and £35.50 for the second and subsequent properties of the portfolio.

The fee income will be used to provide the following services:

· Processing of application and collection of fee

· Determination of Fit and Proper Person

· Inspection of the property, preparation of licence and re-visit if appropriate to verify compliance

· Enforcement of the licence conditions

Where further visits are required to determine compliance an additional fee of £52.00 will be levied.

Should you require further clarification on fees please contact the HMO team.

3. Completed applications MUST be accompanied by the following documentation.

· A current Gas Safety Certificate (CP12) issued by a Gas Safe registered engineer (where gas is used in the house).

· A declaration by a competent person that all electrical appliances provided by the landlord have been tested and are in safe working condition (competency may be through technical knowledge or experience but must be carried out in accordance with the requirements of the Electricity at Work Regulations).

· A copy of the current electrical safety inspection of the hard wired system. This is required at intervals of 5 years or less (depending on the inspectors report). The report must be produced on the recognised form (British Standard 7671). The inspection must be carried out by an authorised competent person who is a member of an approved scheme (e.g. NICEIC or ECA).

· A plan of the premises. This plan should be used to identify the bedrooms and the number and location of amenities within the house. It need not be to scale but should indicate room dimensions. It should also show the position of any smoke/heat detectors/alarms installed in the house.

· A declaration by a competent person that all smoke alarms have been installed, positioned and will be maintained in proper working order. In addition to the quarterly checks, an annual inspection and service must be carried out by a competent person with specialist knowledge of fire detection and alarm systems.

· A declaration that all upholstered furniture supplied by the landlord (including chairs, mattresses, head boards, cushions etc) is in a safe condition and that where appropriate it complies with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

· Copies of the terms under which the tenants occupy the property; if this is a standard form only one need be supplied.

· Alternatively an occupancy record for the previous 3 months should be supplied where a tenancy or licence agreement is not applicable.

4. Planning Permission

The granting of a licence under the Housing Act 2004 does not imply that planning permission has been granted for the lawful use of a property as a house in multiple occupation (in planning terms). If you have any queries regarding planning permission please contact the Local Planning Authority directly by emailing .

5. Determination of Fit and Proper Person

In deciding whether the proposed licence holder or proposed manager is a fit and proper person the Council must take into account circumstances which may compromise the welfare of the tenants and the good management of the property. It must consider amongst other things:

· any previous convictions relating to violence, sexual offences, drugs, fraud or other dishonesty

· whether the person has broken laws relating to housing or landlord and tenant issues

· whether the person has been found guilty of unlawful discrimination in connection with the running of a business

· whether the person has previously managed HMOs and has infringed any Approved Code of Practice or been refused a licence.

To enable the Council to determine whether the proposed licence holder or manager is a suitable person the applicant(s) must:

· provide evidence that the intended licence holder/manager has no unspent criminal convictions relevant to the above clauses. Evidence provided in a basic disclosure from Disclosure Scotland Service will satisfy this requirement. Applications for this information can be obtained by going on line to www.disclosurescotland.co.uk or by tel 0870 6096006 for further information

· make a declaration regarding the other issues detailed on the application form regarding suitability to properly manage the HMO. This will cover information as to whether there have been any County Court judgements made relating to tenancy issues

· indicate whether it has been necessary for this or any other local authority to take action for failure to comply with any relevant Housing Legislation or Approved Codes of Practice or issue an HMO Control Order or Interim or Final Management Order in respect of properties owned or managed by the applicant

· disclose information which may show that any person associated or formerly associated with the intended licence holder has done any of the above things, since it is necessary to consider this evidence and its relevancy to the applicant’s suitability.

6. Standards for Accommodation

All HMOs, subject to licensing, must comply with the following standards before a licence can be granted.

Properties must not be overcrowded; to determine the number of occupants who may occupy the property, consideration must be given to the number, type and quality of amenities available.

All dimensions within the standards refer to usable space; please seek clarification where there is any uncertainty.

6.1 Sleeping Accommodation

Normally sleeping accommodation will be in the form of single or double rooms with the occupant(s) having exclusive use.

All rooms used for sleeping accommodation must have natural ventilation, natural lighting and an unobstructed outlook (please seek clarification if unsure).

Rooms must also be capable of accommodating:

· a bed

· a wardrobe (unless there is a built in wardrobe or cupboard of adequate size)

· a chest of drawers

There must be sufficient activity space for each item.

6.1.1 Single Unit

· Rooms should be no less than 10m2; except where a separate communal room is provided which is not a kitchen or a kitchen/dining room in which case the bedroom shall be no less than 6.5m2.

· Where the letting includes a kitchen the room should be no less than 13m2.

· In rooms which have sloping ceilings the above standard will apply, however any floor area which does not have a minimum floor to ceiling height of 1.5m will normally be discounted. Where rooms do not meet this standard discretion may be exercised if there are compensatory factors.

The HMO team should be contacted for advice in such circumstances.

6.1.2 Two Person Unit (single household only)

· Rooms should be no less than 15m2; except where a separate communal room is provided which is not a kitchen or a kitchen/dining room in which case the bedroom shall be 11m2.

· Where the letting includes a kitchen the room should be no less than 15m2.

The HMO team should be contacted for advice in such circumstances.

Where other arrangements apply the HMO team should be contacted to enable them to determine the appropriate space standard.

6.2 Kitchen Facilities

6.2.1 Space

· For up to 6 persons the kitchen or kitchen area should have a usable floor area (measured wall to wall, including space occupied by units/cabinets) of at least 7m2.