House in Multiple Occupation (HMO) Policy

The Council has a statutory duty to improve standards and has numerous powers to deal with complaints from tenants living in HMOs. The Council uses its statutory powers to ensure that landlords and managers keep properties up to an acceptable standard by carrying out both pro-active and reactive work ranging from responding to Requests for Service from occupants in HMOs to identifying and risk assessing HMOs.

Housing standards within HMOs are monitored and reported through; HHSRS inspections, HMO Licensing and HMO Management Regulation Inspections.

A database of known and potential HMOs are collected from a variety of sources and this provides the basis for prioritising future Private Sector Housing Team actions.

All actions in relation to proactive or reactive inspections will be undertaken in accordance with the Enforcement and Regulatory Policy for Private Sector Housing. As a Local Authority, Stockton-on-Tees Borough Council complies with the Regulators Compliance Code: Statutory Code of Practice for Regulators. The Corporate Regulatory Services Enforcement Policy commits all Council services to following fair, effective and consistent policies and procedures.

Reactive work

On a reactive basis we will respond to complaints and concerns (Requests for Service) from tenants, residents, other Council service areas or external agencies about housing conditions. Requests for Service with reference to reactive work will be responded to in the following agreed timescales:

When unsatisfactory conditions are reported within HMOs, in the first instance we may seek to remedy the unsatisfactory conditions in an informal manner. This will normally take the form of an informal letter advising the person responsible of what the issues are and what action they need to take to address these problems. Should the informal route be pursued with little or no success, then formal action will be considered.

If co-operation cannot be obtained within specific timescales then the Council will use its legislative powers to ensure that properties are brought up to standard. Full details of our actions in obtaining satisfactory remedies to situations are contained in the Enforcement and Regulatory Policy for Private Sector Housing.

Additional circumstances in which, Private Sector Housing would not wish to delay commencement of formal enforcement action are likely to arise when it is considered:

• there is a high risk to the health and safety of the occupant(s) or adjoining neighbours
• where a landlord has a history of not complying with informal requests to undertake work
• where a landlord has a history of non-compliance with statutory notices
• where there has been a breach of management regulations

Private Sector Housing will also respond to requests from Cleveland Fire Brigade with reference to unsafe conditions. These requests usually relate to unsafe means of escape in case of fire. When the Council becomes aware of an imminent safety risk to the occupiers, it will work alongside Cleveland Fire Brigade in accordance with the agreed protocol to decide who will take the lead role in determining the most appropriate course of action which may include prohibiting use of the property or part of the property.

The flowchart at Appendix 1 shows the procedure adopted by Private Section Housing to bring about improvements in sub-standard accommodation following a Request for Service.

Pro-active work

The pro-active work that Private Sector Housing will undertake includes:

Risk Assessments

Risk assessments are carried out on both newly identified and known HMOs. The risk assessments are used to identify the number and types of HMOs and to prioritise our work so that conditions in the highest risk premises are dealt with first. The risk assessment process will also determine which HMOs will receive proactive inspections to ensure they comply with our standards.

HMO Management Regulation Inspections

Effective management is key to running a safe House in Multiple Occupation and the Private Sector Housing team undertakes inspections of HMOs to ensure that the properties are properly managed and that they comply with The Management of Houses in Multiple Occupation (England) Regulations 2006 and the Licensing and Management of Houses in Multiple Occupation Regulations 2007. The inspections will look at conditions in relation to repair, maintenance and the cleanliness of the property.

Mandatory Licensing of Houses in Multiple Occupation

In accordance with the provisions contained within the Housing Act 2004, the Council operate a Mandatory HMO Licensing scheme. The scheme places a requirement on landlords who operate certain HMOs that are occupied by 5 or more persons, who make up 2 or more households to ensure that they are licensed by the Council.

Licences are valid for a maximum of 5 years and are renewable. A licence will specify the maximum number of occupants and households for which the property is suitable and will have certain conditions attached. A licence is not transferable and it is an offence to operate a licensable HMO without a licence or to allow the HMO to be occupied by more people or households than specified in the licence.

HMO Licence fees are as follows:

The Housing Act 2004 allows the Council to charge a fee for licensing HMOs. The current fees are as follows; £250 per unit of accommodation (discounted to £200 per unit of accommodation for members of the Council's Landlord Accreditation Scheme). Once a licence application has been submitted, and a fee paid, the application fee is non-refundable.

Failure to obtain a licence for a HMO, which is required to be licensed means that the person responsible can get an unlimited fine upon conviction or maybe subject a Civil Penalty of up to £30,000. In addition, the Council or the tenants (including former tenants) living at the property whilst it was unlicensed may apply to the First-tier Tribunal (Property Chamber) (FTT) for a Rent Repayment Order (RRO) to reclaim up to 12 months' rent from the landlord.

It is also an offence to breach any of the conditions attached to the licence and the person responsible for allowing any breach of the conditions may get a fine of up to £5,000 for each breach upon conviction or maybe subject a Civil Penalty of up to £30,000. For further information, please refer to the Enforcement Policy.

Planning and Building Control Applications

When Planning or Building Control applications have been submitted to the Council for new HMOs or conversions of existing HMOs, Private Sector Housing will make the Landlord and all relevant partners aware of any relevant requirements or potential problems.