Appendix 4

Licence Conditions

Under the terms of the licence the licence holder is required to comply with the following conditions:

Failure to comply with any licence condition may result in proceedings including unlimited fines and loss of the licence.

* Means Mandatory Condition As prescribed by Section 90 Housing Act 2004 and Schedule 4.

No. / Condition
If gas is supplied to the house, the Licence Holder must produce to Stoke-on-Trent City Council annually for their inspection, a Gas Safety Certificate obtained in respect of the house within the last 12 months. *
Any such work to the gas appliances/ instillation arranged by the licence holder or the landlord must be conducted by a competent person who is a Gas Safe Registered Engineer.
The Licence Holder must ensure electrical appliances supplied by him, (or if he is not the landlord, by the landlord), in the property are safe, and provide a safety declaration if asked to do so. *
  1. Where the Authority has reasonable grounds for believing that the electrical installation may be in need of repair or upgrading, it may demand from the licence holder an Electrical Installation Report or Electrical Installation Certificate carried out by a suitably qualified electrical contractor who should be registered/member of an approved body such as NICEIC, NAPIT etc. or registered to undertake electrical works in accordance with Part P of the Building Regulations. Such reports should not be more than 5 years old. Electrical contractors that are on a relevant competent person scheme can be found at
  2. Should the electrical installation report specify the installation to be unsatisfactory then the licence holder must ensure that the works necessary to bring it up to a satisfactory condition are completed as soon as possible but within a reasonable time period depending upon the nature of the problem.

The Licence Holder must keep all furniture provided within the property by them (or on his/her behalf) in a safe condition. All such furnishings should comply with the Furnishings (Fire) (Safety) Regulations 1993 or current fire safety legislation. The Licence Holder must provide to Stoke-on-Trent City Council a declaration as to the safety of such furniture if asked to do so.*
The Licence Holder must ensure smoke alarms are installed in the property on each storey where there is a room used as living accommodation (including a bathroom or WC) and keep them in proper working order. The Licence Holder must provide to Stoke-on-Trent City Council a declaration as to the safety and positioning of such alarms if asked to do so.*
The Licence Holder must ensure that all smoke alarms are in proper working order at the commencement of any new tenancy or renewal of tenancy agreement.
In the case of multi-occupied residential buildings, you must upon request, provide to the Council, a copy of the fire risk assessment for the building. The purpose of this is to determine the risk of fire, and the potential consequences for the safety of tenants. The risk assessment applies to the common parts of the block.
The Licence Holder must ensure
(a) that a carbon monoxide alarm is installed in any room in the house which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance;
(b) to keep any such alarm in proper working order; and
(c) to supply to the Council, on demand, a declaration by him as to the condition and positioning of any such alarm.
The Licence Holder must provide to each tenant a written tenancy agreement. The Licence Holder shall provide a copy of the tenancy agreement to Stoke-on-Trent City Council on demand.*
The Licence Holder must obtain references for all prospective tenants. The Licence Holder shall provide a copy of the references to Stoke-on-Trent City Council on demand.*
The licence holder must retain all references obtained for occupiers for the duration of this licence and provide copies to Stoke-on-Trent City Council (upon request of the Council).
The Licence Holder will arrange to undertake a detailed inventory of the property to be agreed with the tenant at the start of every new tenancy.
The licence holder must inform the Authority, in writing, of any changes to the occupation, ownership or management of the property, as listed below within 14 days of the change occurring:
  1. Changes in the number of persons to occupy the licensed premises
  2. Changes in the ownership of the property
  3. Licence holder change of address or contact telephone number
  4. Manager change of address or contact telephone number
  5. Change of manager
  6. Appointment of manager

Local Conditions Relating to the Property
The Licence Holder must allow officers of Stoke-on-Trent City Council access to their property for the purpose of carrying out inspections of the house at all reasonable times.
At the commencement of any new tenancy, the licence holder must provide the occupier(s) with written information, including any contact details, explaining how they can make a complaint in relation to matters concerning their occupation and how the licence holder will deal with such, including the timescales for completion of repair works. The contact and telephone number details should be applicable for contact between 9am – 5pm Monday to Friday, and should also include an out of hours contact number for use in emergencies. Any change in contact and/or telephone number details should be provided to occupiers within 7 days of the changes being made.
The Licence Holder must ensure that the tenant’s right to quiet enjoyment of the property is respected. Where entry is required to the property, the Licence Holder must ensure that any notice requirements contained in the tenancy agreement are complied with. Where the tenancy agreement does not contain any such requirements, the Licence Holder must ensure that the tenant receives at least 24 hours written notice of intention to enter the property specifying the reason entry is required, save where it would not be reasonable to give such notice, such as where services are to be provided more quickly or in an emergency.
The Licence Holder must ensure that all repairs/ maintenance to the house or any installations, facilities or equipment within it are to be carried out by competent and reputable persons and that they are completed to a reasonable standard.
The Licence Holder must ensure that the property and all outbuildings, yards, forecourts and gardens surrounding the house are maintained in repair and kept in a clean, tidy and safe condition and free from infestations.
  1. Where the licence holder becomes aware of a pest problem or infestation at the property he must take steps to ensure that a treatment programme is carried out to eradicate the pest infestation. Records must be kept of such treatment programmes and these must be provided to the Authority on demand.

The licence holder must provide adequate facilities and amenities (such as toilets, baths, showers, washing and cooking facilities) as per the number of occupiers. All facilities and any equipment provided including cupboards, shelving or fittings etc. must be maintained in good repair and working order as far as is reasonably practicable.
Occupation of the property
As far as is reasonably practicable, the landlord/licence holder must not allow the property to become overcrowded.
Security
Where there are alley-gates fitted the Licence Holder must:-
  1. Take responsibility for holding a key to any alley-gates;
  2. Provide each new tenant with an alley gate key upon commencement of their tenancy.
  3. Ensure all new tenants have details of where replacement alley-gate keys can be obtained;
  4. Ensure that where a tenant loses or fails to return a key the Licence Holder should deduct the cost from their deposit.

Antisocial Behaviour
The Licence Holder must take all reasonable steps to deal with nuisance and/or antisocial behaviour caused by tenants within the boundary of their property, or by visitors to that property. This condition will be satisfied by:-
  1. The Licence Holder and/or managing agent co-operating with Stoke-on-Trent City Council and contacting the Selective Licensing Co-ordinator as soon as they become aware of any problem concerning antisocial behaviour; providing the Selective Licensing Co-ordinator has not already informed them;
  2. The Licence Holder and/or managing agent co-operating with any relevant and reasonable advice given by a relevant and appropriate service such as Staffordshire Police and Staffordshire Fire and Rescue Service.

The Licence Holder and/or managing agent will provide upon request to the Selective Licensing Co-ordinator any information demonstrating all reasonable action such as warnings or any other appropriate legal action has been taken, should the Licence Holder and/or managing agent choose to not engage with Stoke-on-Trent City Council with regards to a tenant’s antisocial behaviour.
The licence holder must ensure that any tenancy agreement granted after the issue of this licence includes the following clause within the tenant’s obligations:
Nuisance and Anti-social Behaviour:
“Not to cause, or allow household members, or visitors to engage in anti-social behaviour, which means any conduct causing or capable of causing a nuisance or annoyance to the landlord, other occupiers, neighbours or people engaging in lawful activity within the locality. (Examples of anti-social behaviour include failure to control dogs or children, leaving gardens untidy, not properly disposing of rubbish, inconsiderate use of the property, as well as more serious problems such as noise, violent and criminal behaviour, domestic abuse, the supply and use of controlled drugs, and intimidation, harassment or victimisation on the grounds of a persons’ race, sex (gender), sexual orientation, disability, age, religion or belief, pregnancy or maternity status, socio-economic status)”
Tenant Information
The licence holder must provide the tenant with an information pack containing the following documentation:
  1. The Licence Holder must provide all new tenants with a copy of the licence, including the conditions of the licence.
  2. A notice with the name, address day time and emergency contact number of the licence holder or managing agent.
  3. Where appropriate, true copies of the current gas, electrical safety and energy performance certificates.
  4. Statement of the terms of occupation /tenancy agreement.
  5. The Licence Holder must provide all new tenants with details of any deposit required, including how the deposit will be held in accordance with a relevant Tenancy Deposit Scheme.
  6. The Licence Holder must ensure that the tenant is made aware of the arrangements for the collection of refuse and bulky goods; and that the tenant knows they must return the refuse containers back within the boundary of their property on the day of collection.
  7. The Licence Holder must ensure that the tenant is made aware, that if they or their visitors behave in a way that the Licence Holder, manager or Council considers to be antisocial they may face eviction.
  8. The Licence Holder will provide, for each new tenancy, copies of user manuals for any installations or equipment provided by the Landlord/Owner of the property.
  9. The Licence Holder will provide a copy of the inventory to the tenant.
  10. The Licence Holder will provide to the occupier and keep up to date an accurate record of the rental account (i.e rent book or other similar record). A copy of this must be produced upon request by the City Council.

Fit and Proper Person requirements
The licence holder at all times must be a fit and proper person to be the licence holder.as detailed in the ‘Fit and Proper Person test attached hereto.
The licence holder must notify the Authority within 14 days of a finding by any court that the licence holder or any person involved in the management of the house has committed any of the matters identified below.
In deciding for the purposes of The Housing Act 2004 section 88(3)(a) or (c) whether a person is fit and proper person to be the licence holder or the manager of the house, the local housing authority must have regard to any evidence as follows;
  1. Any offences involving fraud or other dishonesty, or violence or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003.
  2. Any unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with the carrying on of any business.
  3. Any contravention of any provision of the law relating to housing or of landlord and tenant law.
  4. Any person involved in the management of the property has sufficient level of competence to be so involved.
  5. Any person involved in the management of the house is a fit and proper person to be so involved.
  6. Provision of adequate management structures and funding arrangements.
  7. Under Section 89 of The Housing Act 2004 the local housing authority must have regard to the criminal convictions (‘amongst other things’). These are not limited to, but will include:
Harassment or illegal eviction
Intimidation
Human trafficking
Money laundering
Child exploitation
Modern slavery
Carrying offences weapons
Fire arm offences
Blackmail
Affray
Varying a Licence
The Licence Holder and any other relevant person involved with managing the property must inform the Selective Licencing Co-ordinator within 14 working days of any changes in their circumstances not previously disclosed to Stoke-on-Trent City Council as follows:-
  1. Information about any property the Licence Holder or managing agent owns or manages or has owned or managed which has been the subject of a:-
  1. Control order under S. 379 of the Housing Act 1985;
  2. or any appropriate enforcement action described in Part 1 Chapter 1 (5) of the Housing Act 2004;
  1. Information about any property the Licence Holder or manager owns or manages, or has owned or managed, for which a local housing authority has:-
  1. Refused to grant a licence under Part 2 or Part 3 of the Housing Act 2004; or
  2. Has revoked a licence in consequence of the Licence Holder breaching the conditions of their licence;
  1. Information about any property the Licence Holder or managing agent owns or manages or has owned or managed which has been the subject of an Interim or Final Management Order under Part 4 Chapter 1 of the Housing Act 2004;
  2. The owner of the property has secured a sale of the property in a designated selective licensing area;
  3. Any change in managing agent or the instruction of a management agent;
  4. Any changes to the address and contact details of the owner of the property;
  5. Any changes to the address and contact details of the manager of the property;
  6. Any changes to the address and contact details of the licence holder of the property;
The undertaking of any substantial works to the property including conversions and modernisations.
The Council can vary the terms of a licence with the agreement of the Licence Holder, or without their agreement if it appears that the circumstance relating to the property in the selective licensing area have changed since the granting of the licence. This change of circumstances will include any discovery of new information.
A variation made with the agreement of the Licence Holder takes effect immediately. If the variation is made without an agreement, it does not come into effect until the time limit for appealing against the decision has lapsed, any appeal against the decision is found in favour of the Council or the appeal has been withdrawn.
Temporary Exemption Notices
If the owner or person having control of the property intends to cease operating the property as a privately rented property, and clear evidence can be given of this, a Temporary Exemption Notice (TEN) can be applied for. A TEN lasts for a maximum of three months and can in exceptional circumstances be followed by a second TEN which lasts for an additional three months. On expiry of the TEN a property must be licensed, become subject to an interim management order or cease to be a privately rented property.
If the Council refuses to grant a TEN, they must inform the applicant and advise them of their right to appeal.
Appeals
If there is anything in this licence you do not agree with you have a right to appeal. You can appeal if Stoke-on-Trent City Council decides to;
  1. Refuse a licence
  2. Grant a licence with conditions
  3. Revoke a licence
  4. Vary a licence
  5. Refuse to vary a licence
To appeal you will need to apply to the Residential Property Tribunal within 28 days of service of the notice / issue of the licence.
The relevant First-Tier Tribunal (Property Chamber) for Stoke-on-Trent is:-
First-Tier Tribunal (Property Chamber)
3rd Floor Temple Court
35 Bull Street
Birmingham
B4 6AF
Tel: 0121 681 3084
Fax: 0121 681 3056
Email:
Ending a Licence
There are a number of ways in which a licence can end.
Passage of Time
The licence expires on the date stated on it, or if Stoke-on-Trent City Council decide to end a selective licensing scheme before the standard five year period.
Death of a Licensee
A licence is non-transferable and upon the death of a licensee a three month Temporary Exemption Notice (TEN) would automatically be granted. The TEN may be extended for a further three months after which a new licence should be granted, the property become subject to an Interim Management Order or the property ceases to be a privately rented property.
Sale of the Property
If the property is sold and the licence holder is no longer the owner / landlord / manager of the property, the licence is no longer effective as licences are not transferable. The new owner will need to apply for a new licence or a TEN.
Revocation of a Licence
A local authority may revoke a licence and bring it to an end before the end of the selective licensing scheme’s duration. The grounds for revoking a licence are:
  1. By agreement with the licence holder
  2. Where there have been serious or repeated breaches of a licence condition
  3. Where the local authority believes the licence holder is no longer a fit and proper person

Penalties
Management Orders
If the owner fails to bring a property in a selective licensing area up to standard, allows standards to fall or fails to maintain the fit and proper person criteria, Stoke-on-Trent City Council can issue an Interim Management Order (IMO) which allows it to take over the management of the property. The owner retains their rights as an owner and is entitled to any profits after all management costs have been deducted from any rental income received. The IMO can last for a year until suitable permanent arrangements can be made. If the IMO expires and there has been no change in circumstances, Stoke-on-Trent City Council can issue a Final Management Order which can last up to five years and be subject to renewal.
Fines
It is an offence if the owner or person in control of the property fails to apply for a selective licence. A fine of £20,000 may be imposed.
A breach of any licence conditions can result in a fine of up to £5,000.
Rent Repayment Order
A tenant living in a property that should have been licensed but was not can apply to the Residential Property Tribunal Service to claim back any rent they have paid during the unlicensed period (up to a maximum of 12 months). Local authorities can also reclaim any housing benefit that has been paid during the time that the property was without a licence.
Notes
Failure to comply with any licence condition may result in proceedings including unlimited fines and loss of the licence.
The property licence and conditions do not imply or grant by inference or otherwise any approval or permission for any other purposes including those for Building Control, Development Control and under The Regulatory Reform (Fire Safety) Order 2005. Conversely compliance with any of those requirements does not confer or imply compliance with the requirements of the Housing Act 2004 including property licensing. Any requirements relating to the licence and conditions are without prejudice to assessments and appropriate actions including enforcement actions under the Housing Act 2004. This includes actions to deal with category 1 and category 2 hazards as may be identified under Housing Health and Safety Rating System (HHSRS) and does not preclude such action.

Fit and Proper Person test relating to Selective Licensing