A London council is relaunching its consultation on a new borough-wide Additional HMO Licensing Scheme, following feedback from the community.
The original consultation was criticised by the National Residential Landlords Association on the basis that it was unlawful.
The NRLA claimed that consultation was in a format that was not easily accessible, had no evidence report to support another scheme, gave no alternatives to discretionary licensing, and did not include a report commissioned by the council reviewed the original additional licensing scheme, which ran from 2016-2021.
The NRLA wrote to Greenwich council highlighting the flaws with the consultation and making it clear that if a designation of additional licensing was made based on the findings, then the association would consider legal action, and the matter would be escalated to a judicial review.
So now a new consultation from Greenwich Council will now run until 24 March 2023 and focuses on plans to extend the former Additional Licensing scheme, which came to a close at the end of 2022, for another five years.
There is a national requirement under the Housing Act 2004, Mandatory HMO Licensing, which requires all owners and landlords to license HMOs occupied by multiple households or five or more unrelated people, and section 257 HMOs which include blocks of flats that do not meet building regulations.
The proposed Additional HMO Licensing Scheme, a discretionary option under the Housing Act 2004, would require owners/landlords and managing agents to license smaller HMOs occupied by three or four unrelated people or households.
Before any decisions are made to renew the scheme the council is asking residents, landlords and letting agents for their feedback.
The council is already legally obliged to license the largest HMOs that provide accommodation over three storeys or more to at least five residents. If approved following consultation with local people, the scheme will mean that all HMOs in the borough will be required to have a licence from summer 2023.
A spokesperson for the council says: "The majority of local landlords manage their properties responsibly and voluntarily take action to repair defects when we ask them to. Licensing also benefits these landlords who can advertise a certified property to estate agents and prospective tenants showing that their property is maintained in a responsible manner and meets legal standards."
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Oh dear it seems you’ve been to Greenwich’s webpage and copied and pasted a lot of misleading information for your readers. The three storey requirement disappeared in October 2018 for mandatory HMO licensing, it is now 5 or more on any storey except certain purpose built flats in a block of 4 or more units. As for mandatory licensing also covering s257 HMOs, no, no, no wrong again, in fact govt advice was to consider not including all of those in discretionary schemes. Scary that this council is enforcing legislation that they don’t seem to understand themselves.
At last the NRLA appears prepared to use its considerable resources to fight the corner for landlords in the courts.
Very long overdue, but welcome none the less.
And of course we should see licensing of the Social Rented Sector too!!
What excuse can there reasonably be?
So the Council acted illegally.
Who is being fined?
This will be their 3rd attempt. First time they thought their 2019 audit review, which wasn’t published, could count as a consultation and listed a cabinet meeting to get a replacement Additional scheme renewed from 1/10/22. Then they realised they couldn’t avoid an actual consultation, which they didn’t seem to advertise. So they must be hoping for 3rd time lucky. Those responsible are listed in the report to cabinet on 15/8/22 available on the Greenwich committees webpages under decisions. Good job NRLA have been on their case.
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