Additional Licensing

Understanding additional licensing

Understanding property licensing is not an easy task - we know that and we've been using the legislation since in came into force in 2006!

We realise most people don't have time to read all the detailed legislation - life is just too short. So we've decided to summarise the main details to make life a bit easier for you.

With over a third of London Boroughs already running additional licensing schemes and with more schemes on the way, this is something all landlords and letting agents need to be aware of. So what is it all about?

Well, each council has the power to introduce additional licensing under Part II of the Housing Act 2004. Additional licensing applies to certain Houses in Multiple Occupation (HMOs) that fall outside the scope of the mandatory HMO licensing scheme.

So the first thing you need to decide is whether your property is a HMO. You could read the legislation itself (Sections 254 – 260 Housing Act 2004) although you may prefer the much simpler advice on the website.

Basically, any property shared by three of more people who are not all related is likely to be an HMO. The definition also covers certain buildings that have been converted to self-contained flats, so called ‘Section 257 HMOs’. We’ll come back to that later as it’s a bit more complicated.

Which HMOs are covered by an additional licensing scheme?

That will depend on exactly how the council has drafted the scheme designation. Some schemes cover the whole borough whereas others only cover smaller geographical areas.

Each council will then decide what type of HMOs need a licence. So for example, Newham Council has included all HMOs within its additional licensing scheme subject to a small number of statutory exemptions. Whereas the additional licensing scheme in Hounslow only covers properties two or more storeys high occupied by four or more people in two or more households.

A particular complication with additional licensing concerns ‘Section 257 HMOs’. Yes, we said we would come back to it later! These are properties that:

  • have been converted into self-contained flats;
  • the conversion did not comply with the relevant Building Regulations in force at that time and still does not comply; and
  • less than two thirds of the flats are owner occupied.

When working out which are the relevant Building Regulations, if the conversion was completed before 1 June 1992, it should comply with Building Regulations in force as of 1 June 1992. If it was converted since 1 June 1992, it should comply with the Building Regulations in force at the time of the conversion. Are you still with us?

So a building containing both owner-occupied and rented flats may need one licence for the whole building. This is a complex area of law and you may need further advice.

Guidance from the government (DCLG, 2007) urges local authorities to adopt particular caution before deciding to include Section 257 HMOs within an additional licensing scheme. They point out that this legislation was never intended to regulate owner-occupied properties. It suggests that management problems in leasehold blocks should normally be dealt with through leasehold legislation.

Which councils have introduced additional licensing?

There is no central directory of property licensing schemes so you will need to contact your local council or search on their website. Unfortunately, we’ve found some council websites much more difficult to navigate that others so do contact your local council if you are still unsure.

Of course if your property is in London, you can click on the ‘Select Borough’ link above to check what schemes apply in your area. We’ve mapped out the schemes across all 33 London councils. We like to try and make your life a little easier!

Can any council introduce an additional licensing scheme?

An additional licensing scheme can only be introduced if the council is satisfied that a significant proportion of the HMOs are being poorly managed and are giving rise, or likely to give rise, to problems affecting the occupiers or members of the public.

The law states that any decision to implement a selective or additional licensing scheme must be consistent with the council’s housing strategy and must be part of a coordinated approach for dealing with homelessness, empty homes and anti-social behaviour.  The council must be satisfied that there are no other courses of action that might provide an effective remedy and that the introduction of a licensing scheme will significantly assist in dealing with the problem. So there is a lot of evidence that the council will need to collect before it can introduce such a scheme.

Councils can implement an additional licensing scheme provided it meets all the requirements in the Housing Act 2004 and they have consulted with everyone affected by the designation for a minimum of 10 weeks. 

What are the statutory exemptions?

You do not need an additional licence if:

  • The property is an HMO that already requires a licence under the mandatory HMO licensing scheme;
  • The property is subject to an Interim or Final Management Order under Part 4 of the Housing Act 2004 (i.e. the council have taken over the management of the property);
  • The property is covered by a temporary exemption notice.
  • The property is managed a local housing authority, registered social landlord, police or fire & rescue authority or a health service body;
  • The property is already regulated under certain other statutory provisions (Schedule 1 to SI 2006 Number 373)
  • The property falls within an exemption applying to certain student halls of residence;
  • The property is occupied principally for the purposes of a religious community whose principle occupation is prayer; contemplation, education or the relief of suffering; 
  • The property is owner occupied with no more than two lodgers; and
  • The property occupied by just two people who form two households.

Hopefully this has given you a useful overview of additional licensing. Remember, this is not legal advice and you may want to refer to our disclaimer below.

If you are still unsure what it all means, you may want to contact your local council, seek independent legal advice, or contact us for further information. 

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