There is a high chance you will need a licence to rent out your property in Havering although you need to study the arrangements carefully as some licensing schemes only apply to part of the borough. We will try to explain.
On 1 March 2018, Havering Council implemented an additional licensing scheme covering part of the borough. The scheme continues for five years until 28 February 2023.
Meanwhile, new additional and selective licensing schemes covering part of the borough start on 24 January 2021 and will continue for five years until 24 January 2026.
There is also the mandatory HMO licensing scheme that applies throughout England. In total, there are four separate licensing schemes.
To help you choose the right licence for your property, we have described each of the licensing schemes below.
1. Mandatory HMO licence
You will need a mandatory HMO licence if your property meets the standard test, self-contained flat test or converted building test HMO definition in section 254 of the Housing Act 2004 and is occupied by five or more people.
But what are these tests and what does this mean in practice? It means you need a licence for any house or flat that is occupied by five or more people who are not all related and live in the property as their main home. For example, it includes:
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Shared houses and flats occupied by students and young professionals;
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Properties converted into bedsits with some shared facilities; and
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Properties converted into a mixture of self-contained and non self-contained accommodation.
Prior to 1 October 2018, the mandatory HMO licensing scheme only applied to properties that were three or more storeys in height, but that restriction has now been lifted.
The government have decided to exclude purpose built self-contained flats within a block comprising three or more self-contained flats from the mandatory HMO licensing scheme. While this will be good news for some landlords, it does make the licensing scheme far more complicated.
To find out more, you can read our free guide to mandatory HMO licensing (here).
2. Additional licence
In Havering, there are two separate additional licensing schemes.
Additional licensing scheme – 2018 Designation
The first additional licensing scheme came into force on 1 March 2018 and continues until 28 February 2023, unless the council decide to implement a replacement scheme.
It applies to all HMOs in the council wards of Brooklands, Elm Park, Gooshays, Harold Wood, Havering Park, Heaton, Mawneys, Pettits, Rainham & Wennington, Romford Town, South Hornchurch and Squirrels Heath.
It includes all HMOs occupied three or more people. You can view the scheme designation in the ‘More Information’ box on the right of this webpage.
The Council have included ‘section 257 HMOs: certain converted blocks of flats’ in the scheme. These are properties that:
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have been converted into self-contained flats; and
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less than two thirds of the flats are owner occupied; and
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the conversion did not comply with the relevant Building Regulations in force at that time and still does not comply.
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.
Additional licensing scheme – 2021 Designation
The second additional licensing scheme comes into force on 25 January 2021 and continues until 24 January 2026, unless the council decide to implement a replacement scheme.
It applies to all HMOs in the council wards of Cranham, Emerson Park, Hacton, Hylands, Saint Andrews and Upminster.
It includes all HMOs occupied by three or more people. You can view the scheme designation in the ‘More Information’ box on the right of this webpage.
The Council have also included all ‘section 257 HMOs: certain converted blocks of flats’ in this scheme.
3. Selective licence
The selective licensing scheme comes into force on 25 January 2021 and continues until 24 January 2026, unless the council decide to implement a replacement scheme.
It applies to all private rented properties in the council wards of Brooklands and Romford Town. In that area, all private rented properties need to be licensed. You can view the scheme designation in the ‘More Information’ box on the right of this webpage.
If you are unsure which council ward your property is in, you can use the postcode search facility on the council’s website.