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Andrew Strange finds that there’s no hiding place for landlords who haven’t applied for an HMO licence

Andrew Strange
Andrew Strange

“HMO licensing is not going away so if you haven’t applied for a licence yet you should do so as councils are getting tough on the issue.”

Rogue landlords who have not licensed their houses in multiple occupation (HMOs) could soon be getting a knock on the door as councils start taking tough action to enforce the regulations.

Bristol City Council is at the forefront of those now cracking down on landlords who have still not applied for a licence and has created a team dedicated to identifying those who are breaking the law.

The team uses Council Tax and Housing Benefit records to identify potential infringements and scours adverts on the internet, local newspapers and shop windows. The council officers have pinpointed streets likely to contain HMOs and have visited and telephoned 240 properties across the city.

Landlord support

The action has the support of the council’s Landlords’ Panel, which represents local landlords and agents. And the council says that with 1,350 landlords already licensed it has a duty to them to deal with any rogues who are not. So far 30 properties have been found to need a licence and a further 20 are being investigated.

David Fontaine, a Private Housing Manager for Bristol City Council, says: “Having started this team the word has got around and we are receiving more applications from people that we haven’t visited and that’s perfectly fine. It’s when we have to go round and knock on the door and then find that they are not licensed that we start to take things more seriously.”

So far two landlords have been cautioned and another is under investigation. There’s no hiding place because council officers talk to tenants of suspect properties and if nobody answers the door they leave a card inviting the tenant to call them if they think the house might be unlicensed.

Good response

David adds: “In Bristol we have had a fantastic response to the licensing law from landlords and we have received about 90% of the applications that we think we should have. We have had something like 1,350 and that did present us with something of a logistics problem in processing all of those licenses.

“We now owe it to those who have applied to address those who haven’t. However, we are not always going in with a big stick and every case has to be judged on its merit. When we come across these properties there’s a whole range of options we might take, ranging from telling the landlord to get the application to us within 14 days to prosecution.”

If the team tracks a landlord down and finds they don’t have a licence they charge £100 for their costs even before any other action is taken. So the council is advising local people to download the application form from its website as soon as possible.

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“We now owe it to those who have applied to address those who haven’t”

Four things you need to know

In most instances the Environmental Health or Housing department of your local authority is responsible for licensing, so check with them to see if you need a licence. The basic facts are:

  • You need a licence if your property consists of three or more storeys and is occupied by five or more tenants in two or more households.
  • Your local authority has discretionary powers to widen licensing to include smaller HMOs if they think enough of them are badly managed.
  • You will need to demonstrate that you are a proper and appropriate person to hold a licence and that high management standards are being applied.
  • The property must have the minimum standards of amenities and facilities, including the number, type and quality of shared bathrooms, toilets and cooking facilities.

To find out more information on the requirements for HMO licensing, go to www.communities.gov.uk/ housing/rentingandletting/ privaterenting/ housesmultiple