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Conditions for Applying Additional HMO Licensing

Page history last edited by Hugh 14 years, 6 months ago

Conditions Applying to Additional HMO licensing

 

Designation for a particular type of HMO, or for a particular area, a local authority must:

 

(a)   consider that a significant proportion of the HMOs of that description in the area are being managed sufficiently ineffectively as to give rise, or to be likely to give rise, to one or more particular problems either for those occupying the HMOs or for members of the public

 

(b)   have regard to any information regarding the extent to which any codes of practice approved under section 233 have been complied with by persons managing HMOs in the area in question,

(c)   consider whether there are any other courses of action available to them (of whatever nature) that might provide an effective method of dealing with the problem or problems in question,

(d)   that making the designation will significantly assist them to deal with the problem or problems (whether or not they take any other course of action as well). and

(e)   consult persons likely to be affected by the designation.

 

Conditions Applying to Selective Licensing

 

A selective licensing designation may be made if the area to which it relates satisfies one or both of the following conditions:

 

(a)   The area is one experiencing low housing demand (or is likely to become such an area) and the LHA is satisfied that making a designation will, when combined with other measures taken by the LHA, or by the LHA in conjunction with others, would contribute to an improvement in the social or economic conditions in the area.

 

(b)   The area is experiencing a significant and persistent problem caused by anti-social behaviour and that some or all private sector landlords in the area are not taking appropriate action to combat the problem that it would be appropriate for them to take; and the making of a designation, when combined with other measures taken by the LHA, or by the LHA in conjunction with others, will lead to a reduction in, or elimination of, the proble.

 

Further Conditions applying to Additional and Selective Licensing

 

Whenever considering whether to make an additional or selective licensing designation LHAs must also:

 

(a)   ensure that the exercise of the power is consistent with their overall housing strategy; and

 

(b) seek to adopt a co-ordinated approach in connection with dealing with homelessness, empty properties and anti-social behaviour affecting the private rented sector as regards combining licensing with other action taken by them or others

 

 

(Source: Department of Communities & Local Government)

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