Have your say on our proposed HMO (houses in multiple occupation) Additional Licensing Scheme
Overview
We are proposing to introduce a new Additional Licensing Scheme for houses in multiple occupation (HMOs).
The new scheme will be a continuation of the existing scheme introduced in 2020, but extended to include areas of new development, areas where the level of anti-social behaviour or property conditions indicate that further intervention is necessary, and to bring a closer alignment of the Additional Licensing designation to the Council’s Article 4 restrictions under the Town and Country Planning Act.
More Information: What is a HMO?
A HMO is a property, could be a flat, where more than 3 people that form more than one household, rent a home, and share some facilities such as the kitchen or a bathroom in the home with the other tenants.
HMOs can include:
- a house let as individual bed-sitting rooms
- a group of rooms on each floor let to single occupants
- hostels, some hotels and guesthouses
- lodgings and shared houses
- houses converted into self-contained flats
The mandatory licensing requirement for licensing a HMO, applying to the whole of England, requires properties that provide accommodation for five or more people from two or more households, renting and sharing facilities to be licenced. This consultation is not about mandatory licensing as this applies to all.
This consultation is about an additional licensing designation, applying to the areas identified in the plan, and to those properties that provide accommodation for three or four people from two or more households, renting and sharing facilities.
Background
In Northampton, as with all other local councils we operate a mandatory licence scheme for HMOs.
We also have an additional licensing scheme that means properties providing accommodation for three or four occupants needs to be licenced. This scheme can only be approved for five years, and the current scheme needs to be reviewed before 31st January 2025.
We are looking to introduce our additional licensing scheme to cover properties that fall within the existing scheme (2020-2025), but also to include further areas to the west and south of Northampton.
The new area is shown in the following map:
An additional licensing scheme will allow us to ensure property standards and management are met which helps us to deal with poorly managed homes that are unsuitable due to disrepair or poor conditions, and poor management amongst other issues. It is known that where other local authorities have introduced additional licensing, they have seen a notable improvement in driving up property standards.
To implement a HMO additional licensing scheme, by law we must consult those likely to be affected and ensure we have sufficient evidence to support the scheme.
What will happen to those that already have a mandatory licence?
The consultation does not affect those properties that provide accommodation for five or more people and are licenced under the mandatory licensing regime. Those properties will remain licenced until the expiry of these current licence, five years from issue, or are renewed, revoked, or the property is sold to new owners. A mandatory HMO licence is not transferrable.
Who do the changes apply to?
The current additional licensing designation runs to the 31st January 2025. Properties that are licenced under the existing scheme will see that their current licences end on the 31st January 2025. This consultation is to seek views on the implementation of a new additional licensing scheme for a further five years.
The powers regarding additional licensing can be viewed by visiting: Housing Act 2004.
The law allows the Council to designate all or part of its area to be subject to additional licensing where:
- A significant proportion of the small HMOs (three and four occupiers) are being managed sufficiently ineffective as to give rise to problems for those occupying the HMOs or for members of the public,
- The problems being considered include empty properties, anti-social behaviour, property management, property standards.
This has to be supported by evidence.
The evidence
The evidence that the Council needs to demonstrate is provided in the mapped images below. These show areas of complaint that have been made to the Council, or its partners, since the 1st February 2020. Each dot represents the postcode of one or more complaints.
Figure 1: Complaints about flytipping, waste, or noise
Figure 2: Anti-social behaviour complaints to the Police
Figure 3: Disrepair complaints
What is the information going to be used for?
Before making a designation to Council must consult with those likely to be affected by the designation and take into consideration any representations that are in line with the consultation and not withdrawn.
How to have your say
We are seeking responses from those operating HMOs, tenants, anyone that lives close to a HMO, and members of the public or anyone with an interest.
You can have your say by taking the online survey using the 'Give us your views' link at the bottom of this page.
If you need assistance to complete the online questionnaire, would like a copy of it in another format, our contact details are as follows:
Email address: HMOLicensingConsultation.NBC@westnorthants.gov.uk
Postal address:
- HMO Licensing Consultation - Private Sector Housing
- West Northamptonshire Council
- The Guildhall
- St Giles' Street
- Northampton
- NN1 1DE
This consultation ends 23:59 Monday 7 October 2024.
What happens next?
Following the close of the consultation the Council will consider all the feedback.
A report will be presented to the Council’s Cabinet in November 2024, when they (the Cabinet) will be asked to either approve or refuse the designation of the proposed, or a slightly amended proposal, for additional licensing for a further five years.
If approved, the Council will issue a further formal notice confirming the designation of additional HMO licensing. Information will also be updated on the Council’s website.
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