Proposed Selective Licensing Conditions
Before being granted a license an applicant must demonstrate they meet the licensing conditions. The conditions can be split into the following categories
- Mandatory conditions – these are specified within the Housing Act 2004
- Discretionary conditions – these are specified by us, and relate to the health and safety and upkeep of the property
- Management conditions
- Crime, Security and Anti Social Behaviour conditions
- Environment and neighbourhood conditions
- Other conditions
If gas is supplied to the house, the licence holder must produce to Ashfield District Council at the time of application, and on demand by the Council thereafter, a gas safety certificate obtained in respect of the house within the last 12 months.
The licence holder must keep electrical appliances made available by them in the house in a safe condition, and supply the authority (at the time of the application and on demand thereafter) a declaration by the licence holder as to the safety of such appliances.
The licence holder must keep furniture made available by them in the house in a safe condition, and supply the authority on demand a declaration by the licence holder as to the safety of such furniture. The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended 1989 & 1993) sets out requirements.
The licence holder must ensure that smoke alarms are installed in the house and that they are kept in proper working order. They must also supply the authority on demand a declaration by the licence holder as to their condition and positioning.
Carbon Monoxide Alarms
The licence holder must fit a carbon monoxide alarm in every room with a solid fuel burning appliance. Alarms must be tested and working on the start of each tenancy and monitored throughout.
Terms of Occupation
The licence holder must supply to the occupiers of the house a written statement of the terms on which they occupy it. A copy must be supplied to the Council on demand
The licence holder must demand references from persons who wish to occupy the house. Evidence of this must be provided to the Council on demand.
Additional conditions are being proposed by the Council, these include the following;
Safe electrical installations
The Licence Holder must ensure that the premises are covered by a valid current (i.e. dated within the previous 5 years) Domestic Electrical Installation Periodic Report for all of the electrical installations throughout the period of the licence. The Licence Holder will supply the Council, on demand, with a copy of the periodic inspection report; and ensure that all stated recommendations for urgent attention and improvement (Codes 1 and 2) are carried out within 28 days of the inspection report.
The Licence Holder must ensure that all fire detection systems, means of escape and fire-fighting equipment installed in the property are at least annually inspected by a competent person, and are adequately maintained and tested in accordance with any manufacturer’s instructions. The Licence Holder must make a declaration on application and thereafter within 28 days of a request by the Authority.
The Licence Holder must arrange to carry out a detailed inventory to be agreed with each occupant at the start of their occupation of the house. The Licence Holder must keep a copy of the inventory at their business address.
Repair reporting and inspections
The Licence Holder must ensure that occupants of the house receive written confirmation about how they must deal with repairs and emergencies should they arise. The Licence Holder must ensure that inspections are carried at least every six months to identify problems relating to the condition and management of the property. A copy of the tenancy management arrangements and a log of the inspections carried out must be provided within 28 days of a request by the Authority.
Protecting the deposit
The Licence Holder must protect any tenancy deposit taken under an assured short-hold tenancy by placing it in a statutory tenancy deposit scheme, and must advise the tenants where it has been placed.
The Licence Holder must cooperate with the Authority by allowing an authorised person with identification to access the house for the purpose of carrying out licence compliance checks. Officers would normally give at least 24 hours’ notice to the Licence Holder or property manager, but unannounced visits may be made by authorised officers where deemed reasonable and appropriate.
Rubbish in the garden
The Licence Holder must state in any written agreement with the tenant that no refuse (or rubbish) must be kept in the front or rear gardens (other than in the storage facilities provided).
Energy Performance Certificate
The Licence Holder must obtain a valid Energy Performance Certificate (EPC) for new tenancies. A copy must be made available to all new tenants and produced to the Authority within 28 days of a request by the Authority.
All repairs to the house or any installations, facilities or equipment within it are carried out by competent and reputable persons.
All corridors, stairways, common parts and exit routes are kept free from obstruction and combustible materials
The following conditions relate to the management of the licensed proper
House in Multiple Occupation (HMO)
If the property is a HMO which is not required to be licensed under Part II of the Housing Act 2004, the Licence Holder must ensure that the house is compliant with Ashfield District Council’s approved standards for Houses in Multiple Occupation, according to the type of accommodation offered.
The Licence Holder must provide the occupiers of the house with details of the following management information:
- Name of the Licence Holder and property manager (if any);
- A contact address and daytime telephone number;
- A 24-hour emergency contact telephone number including out-of-hours response arrangements.
If the property is a House in Multiple Occupation, the management information should also be clearly displayed in a prominent position within the house or added to the Licence/Tenancy Agreement as an Appendix. An emergency contact telephone number for the Licence Holder and any property manager must also be available and notified to the Authority.
A new resident, that is a person not living at the property when the licence was issued, must not be permitted to occupy the house or any part of the house if that occupation:
- exceeds the maximum permitted number of persons for the house as detailed in the schedule of permitted occupation below;
- exceeds the maximum permitted number of households for the house;
- exceeds the maximum permitted number of persons for any letting as detailed in the schedule of permitted occupation below.
The Licence Holder and any property manager shall undertake Council approved training (e.g. UKLAP/LLAS/NLA/EMPO/ARLA/DASH property management training) where required to do so by the Authority.
‘Fit and Proper’
The Licence Holder must ensure that any person involved in the management of the house not detailed in the original licence application is a “fit and proper person” for the purposes of the Act and must notify the Authority of these changes.
Change in circumstances
The Licence Holder must inform the Authority within 10 working days of any changes in their circumstances which may affect their suitability to continue to remain as licensee.
Displaying the licence
The Licence Holder must display a copy of the licence to which the conditions apply in the common parts of the property. Alternatively the Licence Holder must provide each occupier of the house with a copy of the Licence Conditions which are currently in force.
The Licence Holder or his property manager must make regular inspections (at least every 6 months) of the property to ensure that the property is in a decent state of repair and that the occupiers are not in breach of tenancy terms and conditions.
Crime, Security and anti-social behaviour conditions
If the residential occupier misses a rent payment, the Licence Holder must visit the property no later than one month from the date the payment was due. This is to ensure that the property is secure and has not been abandoned.
Where window locks are fitted, the Licence Holder will ensure that keys are provided to the relevant occupants.
All door locks must comply with the relevant British Standard applicable at the time of fitting and any subsequent replacement. Where previous occupants have not surrendered keys, the Licence Holder will arrange for a lock change to be undertaken, prior to new occupants moving in.
The Licence Holder must take reasonable and practical steps to reduce or prevent anti-social behaviour by persons occupying or visiting the premises and the use of the premises for illegal purposes The licence holder must:
- Cooperate with the Council, Police and other agencies in resolving complaints of anti-social behaviour. The Licence Holder and/or their nominated managing agent are required to undertake an investigation of any complaints regarding their tenants.
The licence holder/management agents must make regular inspections of the property to ensure that the property is in a decent state of repair and that the occupiers are not in breach of tenancy terms and conditions. To proactively reduce anti-social behaviour associated with private sector accommodation.
Ensure that each tenant is made aware that they are responsible for their own behaviour and the behaviour of other occupiers and visitors.
Tenants must be made aware that if they, other occupiers, or their visitors:
- cause nuisance or annoyance to neighbours;
- or use abusive or threatening language or behaviour to neighbours;
- or fail to store or dispose of refuse properly;
- or cause damage to fixtures, fittings, fire prevention or alarm equipment or installations,
- or to the fabric of the premises;
- or fail to give access to the landlord or his agent for the purpose of maintaining communal areas
- or, upon reasonable notice, to inspect or undertake works within their accommodation,
they will be liable to enforcement action which may include possession proceedings either under the terms of the tenancy, pursuant to s.21 of the Housing Act 1988.
Terms and conditions of occupancy
The written statement of the terms and conditions upon which the house is occupied contains a clause holding the occupants responsible for any anti-social behaviour by themselves and/or their visitors; All occupants are aware of the existence of this clause by advising them upon taking up residence;
Responding to complaints
The Licence Holder must respond to complaints of anti-social behaviour that concern occupiers of the premises or their visitors. Where anti-social behaviour is discovered, the Licence Holder must inform the tenant of the matter within 14 days and of the consequences of its continuation;
If requested by the Authority, the Licence Holder and /or their nominated agent must provide details of investigations undertaken in relation to their tenants and/or their visitors, providing the names of all involved persons. The Licence Holder must ensure legal compliance to bring a tenancy to an end.
Garages, sheds and outhouses
The Licence Holder must ensure that all outhouses, garages and sheds are kept secured and used for their intended purpose. The Licence Holder must not allow them to be occupied as individual habitable rooms, kitchens or bathrooms.
Environment & neighbourhood conditions
The Licence Holder must ensure that the exterior of the house is maintained in a reasonable decorative order and in reasonable repair.
The Licence Holder must ensure that all outbuildings, yards, forecourts and gardens surrounding the house and alleyways within the property curtilage are maintained in reasonable repair. They must also be kept in a clean, tidy and safe condition, and free from infestations.
Rubbish and refuse disposal
The Licence Holder must ensure that any kind of refuse and rubbish which the Council will not collect (e.g. large items and hazardous waste) are disposed of responsibly and appropriately.
The licence holder must allow the Council to undertake compliance checks usually this will be on receipt of 24 hours’ notice however reserve the right to inspect the property at any reasonable time. Officers will produce valid authorisation at the time of the visit.
If the Licence Holder uses the services of a managing agent / agency for the purposes of their premises, to ensure that they are a member of a Redress Scheme in line with The Redress Scheme for Lettings Agency Work and Property Management Work.
The licence holder must reside in the UK. Alternatively, appoint a Managing Agent in the UK to allow reasonable contact and direct management of the premises.