SELECTIVE LICENSING CONSULTATION
IN Edlington
18th April 2017 to 11th July 2017
FREQUENTLY ASKED QUESTIONS
What is selectivelicensing?
Selective licensing was introduced under the Housing Act 2004. It gives local authorities’ powers to address anti-social behaviour, and low housing demand, with landlords and managing agents of private rented properties in designated areas for up to five years. Conditions attached to a licence inform landlords and their agent of the actions expected of them to adequately manage their properties, and tenants,in order to gain a positive result in an identified area. The license conditions are designed to promote best practises by landlords and managing agents. If, however, landlords fail to meet their obligations, they could face prosecution.
The local authority select the area and the conditions to be attached to every licence based on evidenced levels of anti-social behaviour and low housing demand. Every private landlord or their managing agent in the selected area must obtain a licence within 6 months of the license scheme becoming operative or could face prosecution.
Why selective licensing?
The authority has identified a need to address the significant levels of anti-social behaviour in the proposed area. Alternative initiatives have been carried out and have had a positive impact. However, in order to achieve the desired improvements, it is necessary to ensure as many affected properties as possible are included in future action. Selective licensing allows the authority to require good management of all rented properties in the proposed area, not just relying on voluntary involvement by landlords and managing agents. The aim of the scheme is to promote well maintained and safe properties and to inform landlords and managing agents on the expected steps to take in order to ensure tenancies are well managed and how they are expected to resolve anti-social behaviour, when it occurs.
Why consult?
The Housing Act 2004 says that before introducing selective licensing to an area local Council’s must consult with all affected people, such as tenants, residents, landlords, managing agents, businesses, Police, Fire Service, local Councillors etc. We must consider all views given before deciding whether to implement a scheme.
We believe that selective licensing can help tackle the problems arising from private rented properties and can provide the best chance of improving tenancy management in the private rented sector. The full proposal, identified problems and licence conditions to address those problems, can be found by following the links on the website doncaster.gov.uk/SelectiveLicensing
It is also important to the authority to obtain views from all people potentially affected by this proposal so, as well as being a legal requirement, consulting with those who it is believed will be affected by this, will give the authority the best chance of implementing a successful scheme, should a scheme be implemented.
WhyEdlington?
The designated area has been chosen due to the high incidences of anti-social behaviour according to reports received by the Council and the Police. Also, the area is suffering from low housing demand. All the evidence of this is in the consultation document at doncaster.gov.uk/SelectiveLicensing
What are the benefits of selective licensing?
There aims of the selective license scheme:
For Landlords
- Reduction in ASB
- Level playing field/no undercutting
- Receive advice and support
- Shorter voids/reduced turnover
- Improved reputation
- Eventual increased rental income
For tenants
- Reduction in ASB
- Better tenancy management
- Better support
- More cohesive community
- More sustainable community
For residents/wider community
- Reduction in ASB
- More cohesive community
- More sustainable community
- Values increase
For DMBC/other agencies
- Reduction in ASB
- More co-ordinated support activity
- Ensures landlord’s engagement
- Less reactive resource costs
- Meets commitments to customers
How will it work?
If the selective licensing scheme is approved following the consultation, all private landlordsor their managing agents with residential properties in the proposed area will need to apply for a licence for each of their properties they rent out within 6 months of the scheme becoming operative.
Some tenancies do not need to be licensed, for example, those under a long lease, holiday lets, business tenancies and those managed by St Leger Homes of Doncaster or a registered social landlord. Full details of all exemptions are in the consultation document at doncaster.gov.uk/SelectiveLicensing
Before a licence is granted certain conditions will need to be met and then maintained, along with other conditions, after a licence is granted.
What happens if a landlord does not apply for, or obtain, a licence?
If this is the case after 6 months of operating the scheme they will be prosecuted with fines up to £20,000.
What happens if a landlord breaches the licence conditions?
They could be prosecuted with unlimited fines for each condition breach or a civil penalty could be imposed, up to £30,000 per condition breach.
Does the Council keep any fines imposed by the Courts?
If a fine is issued as a result of a prosecution the money stays within the Courts Service. If a Civil Penalty fine is issued, this money comes back to the authority to fund enforcement actions.
How much is the licence fee?
£515 for each property rented. If a license is applied for via the authority, this must be paid up front and in one payment.If the applicant choses to use the Approved Partner Accreditation Scheme the initial cost is £80 and then monthly payments thereafter.
What are the fees used for?
These fees will be used to operate the scheme.
I am a landlord; what will I need to do if a scheme is implemented?
If the selective licensing scheme is approved, you or your managing agent will need to apply to the Council’s licensing team and meet certain conditions to get a licence.
Proposed conditionsattached to the licence will include the need for landlords or their managing agents to pass a fit and proper persons test, obtain tenant references, confirm tenancy agreements are in place and provided to tenants, provide fitted and working smoke alarms and certification confirming gas and electricity safety and that of any furniture and furnishings. Other proposed conditions will address property repairs, the number of occupiers, the security of the property, external appearance of the property including gardens and driveways, refuse and waste and the effective management of anti-social behaviour. A full list of licence conditions is included in the consultation document at doncaster.gov.uk/SelectiveLicensing
I am a tenant; what will I need to do if a scheme is implemented?
You will need to cooperate with your landlord to comply with the licence conditions. If you fail to do so your landlord must work with the Council and the Police to resolve the problem. This may result in your eviction.
My neighbours act anti-socially. Can selective licensing help?
The intention is to reduce anti-social behaviour so selective licensing will help if everybody plays their part. Landlords are expected to work with the Council and Police to deal with anti-social tenants in an appropriate way. This may include eviction if tenants continue to act anti-socially and cause a nuisance in the area. If your neighbouring property is owner/occupied, the authority have enforcement powers to investigate and address ASB complaints.
What happens next?
The consultation will last from 18th April 2017 to 11th July 2017. If you are affected by this proposal please complete the survey on-line at doncaster.gov.uk/SelectiveLicensing or, to request a paper survey, email or call 01302 737573.
The consultation evaluation will then be considered as part of the decision making process and all representations will be considered. The decision to introduce a selective licensing scheme will be made by Doncaster Council’s Cabinet and you will be notified of the decision.
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