To receive a verbal update from the Head of Community Safety and Enforcement.
Minutes:
Eubert Malcolm, Head of Community Safety and Enforcement, and Steve Russell,
Head of Private Sector Housing, provided an update on additional, mandatory and
selective licensing.
The Panel was informed that:
- Mandatory licensing (outlined in Part 2 of the 2004 Housing Act) was initially intended to apply only to larger, higher risk, HMOs of 3 or more storeys occupied by 5 or more people, forming two or more households. It was noted that Haringey had licensed 429 HMOs.
- The Housing Act 2004 had also introduced discretionary licensing:
o Additional Licensing – to cover HMOs outside of Mandatory Licensing
o Selective Licensing – to cover all other private sector dwellings (with some exemptions).
- Haringey had introduced two additional licensing schemes:
o Harringay Ward, although it was noted this was no longer active
o The Tottenham Scheme. covering all, or in part: Northumberland Park, Bruce Grove, Tottenham Hale and Tottenham Green and Seven Sisters.
- 1174 properties had been licensed in total, with 750 relating to additional schemes.
Mr Malcolm explained that a consultation paper had been issued in November 2016, concerning an extension to mandatory licensing. The Panel was informed that, following responses, the Government had decided:
- Mandatory licensing should cover all relevant HMOs, regardless of the number of storeys.
- Mandatory licensing should be extended to include all flats in multiple occupation above and below business premises.
- A new minimum HMO room size would be proposed for properties that had been licensed under a mandatory HMO or additional licensing scheme.
- To introduce new mandatory licence conditions relating to the disposal of household waste and an automatic 50% licence fee discount for certain purpose built student accommodation blocks.
Despite 81% of respondents being in favour, the Panel was informed that the
Government had disagreed that poorly converted blocks of flats should form part of
mandatory licensing.
In terms of selective licensing, the Panel was advised that changes to legislation, in
April 2015, had meant that local authorities were required to obtain confirmation
from the Secretary of State for any selective licensing schemes covering more than
20% of the geographic area or affecting more than 20% of private rented properties.
Mr Malcolm explained that the evidence base for any selective licensing scheme would
need to demonstrate:
- An area was experiencing a significant and persistent problem caused by anti-social behaviour.
- Low demand housing
- That some or all of the private sector landlords were failing to take appropriate action to combat the problem
In addition, and as set out in “Selective licensing in the private rented sector – A guide
for local authorities” (DCLS March 2015), it was noted that since April 2015 conditions
had been extended to include one or more of the following: Areas that have a high
proportion of PSH; Poor property conditions; High levels of migration (including within
a country); High levels of deprivation; High levels of crime.
It was noted that the evidence base for any scheme needed to be robust and in place before consultation. The following points were considered:
- The importance of local authorities identifying the objective(s) that a scheme would help to achieve and how.
- The importance of considering other courses of action available.
- The importance of any scheme being consistent with overall Housing Strategy.
- The need to ensure any scheme was part of a co-ordinated approach when dealing with homelessness, empty properties, ASB etc.
- The need to consider any potential negative economic impact.
- The need to show how partners were working in the designated area to combat ASB, deprivation etc.
Mr Malcolm concluded his presentation by providing an update on the Housing and Planning Act 2016 Consultation on Banning Orders. The following issues were discussed: Civil penalties; The extension of rent payment orders following additional convictions; The national rogue landlord database; Banning orders and management orders.
Moving forwards, it was noted the council would: Keep an eye on the extension of mandatory licensing; Revisit the impact of the Housing and Planning Act 2016; Continue to work on the additional licensing scheme in Tottenham; Determine a way forward in relation to selective licensing.
The Chair advised that this was Mr Russell’s last meeting as he was leaving the Council’s service. On behalf of the Panel the Chair placed on record her thanks to Mr Russell for all of his efforts in managing the Private Sector Housing Team.
AGREED:
(a) That the verbal update on additional, mandatory and selective licensing be noted.
(b) That an update on selective licensing be considered by the Housing and Regeneration Scrutiny Panel in October 2017.