Issue - meetings

Private Sector Housing Houses of Multiple Occupation Licensing Policy

Meeting: 12/03/2024 - Cabinet (Item 98)

98 Private Sector Housing Houses of Multiple Occupation Licensing Policy pdf icon PDF 141 KB

The Council is required to licence specified Houses of Multiple Occupation (HMO) under the Housing Act 2004. This has been a requirement since 2006 and is currently undertaken by the Private Sector Housing Team. There is no requirement to have a policy on the licensing of these HMO’s, however the purpose of this report is to present a HMO Licensing Policy that is considered good practice and demonstrates how the Council performs this statutory requirement in a transparent and consistent manner.

Additional documents:

Minutes:

Purpose of report

 

The Council was required to licence specified Houses of Multiple Occupation (HMO) under the Housing Act 2004. This had been a requirement since 2006 and was currently undertaken by the Private Sector Housing Team. There was no requirement to have a policy on the licensing of these HMO’s.

 

The purpose of the report was to present a HMO Licensing Policy that was considered good practice and demonstrated how the Council performed a statutory requirement in a transparent and consistent manner.

 

Decision

 

That Cabinet approves the Private Sector Housing Houses of Multiple Occupation Licensing Policy for adoption, and publishing.

 

Alternative options considered and rejected

 

The other option considered was to not produce and publish the HMO licensing policy and strengthen the section within the Private Sector Housing Enforcement Policy.

 

Reason for decision

 

HMO licensing was a key function that had a complex and detailed licensing process, currently the Private Sector Housing Enforcement Policy had a light touch consideration and leaves the council decisions open to being overturned during the appeal process if the applicant is dissatisfied with the decision as to whether to grant, refuse, vary or revoke a Licence.

 

The proposed Houses of Multiple Occupation licensing policy provided a document that was clear and demonstrated consistent decision making that would greatly reduce the likelihood of successful appeals to decisions made by the Council.

 

There was no requirement to have a policy; it was discretionary but considered good practice. There were 56 properties across the district that were licensed and met the prescribed descriptions as HMOs. The licensing aspect of HMOs applied to those properties with 5 or more occupants. SKDC was required to maintain a public register of those licensed properties, which also contained other details such as a description of the dwelling.