There are four licensing schemes operating in Redbridge and so it is important to study the details carefully.
On 13 April 2017 Redbridge Council introduced a borough-wide additional licensing scheme. A selective licensing scheme that covers part of the borough started on 13 July 2017 and a second selective licensing scheme started on 1 October 2018. There is also the mandatory HMO licensing scheme that applies throughout England.
We will try to help you choose the right licence for your property.
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
The additional licensing scheme came into force on 13 April 2017 and continues for five years until 12 April 2022.
You will need an additional licence if your property is let as a House in Multiple Occupation that does not fall within the remit of the mandatory HMO licensing scheme. So licensing applies to all HMOs in Redbridge. This includes all house and flat-shares occupied by three or more people who are not all related, even if they are on a single tenancy.
The House in Multiple Occupation definition is not straightforward and you will need to study it carefully or seek advice. For example, Redbridge Council have included ‘section 257 HMOs’ within the additional licensing 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.
3. Selective Licence
The first selective licensing scheme came into force on 13 July 2017 and continues for five years until 12 July 2022.
You will need a selective licence if your property (house or flat) is let out to a single person, couple or single household and is in the council wards of Clementswood or Valentines. Any HMOs in that area will need licensing under the mandatory HMO or additional licensing schemes.
The second selective licensing scheme came into force on 1 October 2018 and continues for five years until 30 September 2023.
This second scheme applies if your property (house or flat) is let out to a single person, couple or single household and is within an area broadly defined by the council wards of Goodmayes, Loxford, Snaresbrook, Roding, Newbury, Mayfield, Cranbrook, Seven Kings, Chadwell, Fairlop, Aldborough and Church End. Any HMOs in that area will need licensing under the mandatory HMO or additional licensing schemes. Unfortunately, there is a further complication in that the scheme was based on the ward boundaries that existed at the time the decision was made to implement the scheme. Some of the ward boundaries are now different!
To be sure if your property is within the selective licensing area, you need to use the interactive map on the council’s website and search for your address.