Issue - items at meetings - Additional Licensing for Houses in Multiple Occupation

Report of the Strategic Director Place (copy attached).

(1)       That the results of the consultation and evidence gathering exercise undertaken in relation to the proposed additional HMO Licensing Scheme as set out in this report and in Appendix 1, be noted.

(2)       That the wards of Hanover and Elm Grove, Moulsecoomb and Bevendean, St Peters and North Laine, Hollingdean & Stanmer and Queen’s Park be designated as subject to additional licensing under S56(1) of the Housing Act 2004 in relation to smaller Houses in Multiple Occupation of two or more storeys and three or more occupiers.  The designation comes into force from 5 November 2012 and will last for 5 years.

(3)       That the council’s revised HMO standards (as set out in Appendix 2) be approved.

(4)               That the fee structure (as set out in sections 3.11-3.14) that will apply to additional HMO Licensing schemes for Houses in Multiple Occupation be approved.

10.1    Councillor Wakefield returned to the Chamber and continued to Chair the meeting. The Committee considered a report of the Strategic Director Place which outlined proposals to licence smaller Houses in Multiple Occupation (HMO’s) in five wards in the city, as a proportionate response to proactively improving property standards and management in that type of accommodation.

10.2   Councillor Farrow thanked the officers for the report and said that it was very important for the residents of the city that HMO’s were managed correctly.

10.3    Councillor Mitchell thanked officers for the report. Councillor Mitchell asked what steps would be taken if landlords did not comply with the licence, asked how noise nuisance could be addressed in some properties and said that she had some concerns that the cost implications of the scheme could be passed onto tenants. Officers advised that enforcement action would be taken against landlords when necessary, but that the council wanted to be proactive and address issues before enforcement became necessary. Noise complaints could be addressed under the current legislation, but it was hoped that proper tenancy management would limit such nuisance. The fees were proportionate and had been set at a level which would limit the risk that a landlord would pass them on their tenants.

10.4    Councillor Mears thanked officers for the report. Councillor Mears was concerned that paragraph 1.3, which referred to the predicted increase to the city’s population, did not particularly identify students and suggested that continued discussions be held with the universities. Councillor Wakefield confirmed that the council already worked very closely with the universities and an officer from the Housing Department was currently seconded to Brighton University.

10.5    Councillor Peltzer Dunn referred to the Financial Implications in the report and asked how the scheme would be funded if not all of the anticipated licences were applied for. Officers confirmed that it was important to be flexible and it might be necessary to front load the scheme. Councillor Peltzer Dunn referred to paragraph 3.8 of the report and asked if a report could be provided on whether there were plans to introduce additional licensing schemes. Officers advised that any additional licenses would have to be proportionate, and at present there were no plans to extend the scheme. Councillor Peltzer Dunn asked that if in future there were plans to extend the scheme whether it would need to be agreed by the Committee. The lawyer referred to the Housing Act 2004, and confirmed that there was a clear platform for introducing this issue and it would need to come back to the Committee.

10.6    Councillor Davey welcomed the report and felt that residents of the city would be pleased for the scheme to be put into practice.

10.7    Councillor Jarrett thanked officers for the report. The current system of licences for larger HMOs had not been shown to increase the rents and so it was not expected that this scheme would impact on rents.

10.8  Councillor Mears noted that some financial front loading might be necessary and was concerned that that could impact on an already restricted budget.

10.9    RESOLVED - (1)      That the results of the consultation and evidence gathering exercise undertaken in relation to the proposed additional HMO Licensing Scheme as set out in this report and in Appendix 1, be noted.

(2)       That the wards of Hanover and Elm Grove, Moulsecoomb and Bevendean, St Peters and North Laine, Hollingdean & Stanmer and Queen’s Park be designated as subject to additional licensing under S56(1) of the Housing Act 2004 in relation to smaller Houses in Multiple Occupation of two or more storeys and three or more occupiers.  The designation comes into force from 5 November 2012 and will last for 5 years.

(3)       That the council’s revised HMO standards (as set out in Appendix 2) be approved.

(4)               That the fee structure (as set out in sections 3.11-3.14) that will apply to additional HMO Licensing schemes for Houses in Multiple Occupation be approved.