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Licensing of Houses in Multiple Occupation (HMOs) in Middlesbrough
Guidance on accommodation standards and applying for an HMO licence
Contents Section 1: General Information .............................................................................................. 3
What is a licensed HMO? ....................................................................................................................................... 3
What happens if you don’t have a licence? ........................................................................................................... 3
How to apply for a licence ..................................................................................................................................... 3
Fee .......................................................................................................................................................................... 3
Payment ................................................................................................................................................................. 4
Licence details and conditions ............................................................................................................................... 4
Section 2: Prescribed Standards in HMOs ........................................................................... 5
1. Heating ........................................................................................................................................................... 5
2. Washing facilities ........................................................................................................................................... 5
3. Shared Kitchen Facilities ................................................................................................................................ 6
4. Facilities for Storage, Preparation and Cooking of Food - Units of living accommodation without shared
basic amenities ....................................................................................................................................................... 7
5. Fire Safety ...................................................................................................................................................... 8
6. Natural Lighting .............................................................................................................................................. 8
7. Artificial Lighting ............................................................................................................................................ 9
8. Ventilation ...................................................................................................................................................... 9
9. Water Supply .................................................................................................................................................. 9
10. Refuse Storage and Disposal ...................................................................................................................... 9
Section 3: Space standards .................................................................................................. 10
Section 4: Application Form to licence a House in Multiple Occupation .......................... 13
Section 5: Guidance on completing an application form ................................................... 31
Section 1: General Information This guide gives all the information you need to understand about Middlesbrough Council’s Houses in Multiple Occupation (HMOs) licensing scheme and how to make a licence application. The Council aims to use HMO licensing to ensure that all multi occupied properties are well managed and landlords are aware of their responsibilities, including having arrangements in place to deal with general tenancy issues and anti-social behaviour related to their properties. Properties must be suitable for the number of occupants and meet all relevant health, safety and housing standards. The Housing Act 2004 introduced mandatory licensing of high risk HMOs. The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 requires dwellings that are occupied by five or more unrelated people or two or more families sharing facilities, such as the kitchen and bathrooms, must be licensed by the local authority. Planning permission to use a property as an HMO may be required. Further details are available from Middlesbrough Council’s Planning and Development Services. What is a licensed HMO?
At its simplest, a licensable HMO is a building or part of a building that is occupied by five or more people from two or more households (unrelated families) who share facilities, and the property meets the tests prescribed under sections 254 (2), (3), and (4) of the Housing Act 2004
What happens if you don’t have a licence? Failure to apply for a licence may result in landlords and managing agents being issued with a civil penalty notice or face prosecution. The Council can also take control of unlicensed properties using Interim Management Orders and can apply to recover all benefits and rent paid over the last 12 months. Section 21 possession proceedings, which allow landlords to regain possession of a property, cannot be taken whilst the property is not licensed. How to apply for a licence If you have more than one property you need only to submit licence holder and manager details once for all properties in your control. Part 2 of the HMO Application needs to be completed only once for all houses where the ownership information is the same. You must complete the property details in Part 3 for each property. The completed form should be returned together with a payment for the appropriate fee. Fee
The licence fee is £605 (for premises with 5 sleeping rooms) and an additional fee of £20 per room for 6 or more sleeping rooms.
Payment
1. By cheque made payable to Middlesbrough Council and provided with the application form and marked with the property address on the rear of the cheque.
2. By credit/debit card - telephone 01642 726001 and quote reference CC14921 3. By cash/card by visiting Middlesbrough House, Corporation Road quoting reference
CC14921 4. By cash - payment in person with an officer from Public Protection Service (by
appointment only) - telephone 01642 728272
Licence details and conditions
Licences will be issued subject to conditions to meet local and national standards. We are required to consult all relevant parties about the conditions of the licence. You are allowed a period of representation about the licence conditions, during which any concerns can be considered. Where agreement on conditions cannot be reached, the licence will be issued and you will have the opportunity to make an appeal to a 1st tier Property Tribunal. Your rights of appeal will be detailed with the issue of the licence. Details of your licence will be published on a public register that the Council is obliged by law to keep. An HMO licence is not transferable. Where a property changes ownership the new landlord must make an application for a licence. No repayment of the licence fee will be made for any un-expired period of the licence and a full fee will be required from the new applicant.
If a licence holder dies during the period of the licence, the licence ceases to be in force from the date of death. For 3 months from the date of death the house will be treated as if a Temporary Exemption Notice (TEN) has been served. At any time during the 3 months a formal application may be made for a TEN. The TEN will be valid for a period of 3 months and will take effect after the initial 3 months ends.
Where a licence holder wishes to alter the terms of their licence, for example there is a change in manager details or a change in occupancy levels, they may apply for a Variation to the Licence. There is no fee for this.
Where a licence holder intends to reduce the occupancy level to 4 persons to avoid licensing, they may apply for a Temporary Exemption Notice (TEN). A TEN is valid for up to 3 months and will be recorded on a public register. In exceptional circumstances a TEN may be renewed for a second period of 3 months.
If there is gas to the house a copy of the current gas safety certificate, or in the case of a new installation the commissioning certificate, is required to accompany the application. It is a criminal offence to make a false statement in an application, or to fail to comply with any licence condition, or to permit the property to be occupied by more than the permitted number of persons/households.
Section 2: Prescribed Standards in HMOs 1. Heating 1.1 Each unit of living accommodation in an HMO must be equipped with adequate means
of space heating. Heating should be provided in every habitable room and bathroom which is capable of maintaining a 20 degrees Celsius (°C) temperature difference with the external air when the outside temperature is -1°C. (The provision of insulation can assist in meeting this standard.)
Such heating provision must be capable of being used at any time. Heating may be by means of Central Heating, Gas heaters connected to a suitable flue or terminal outlet, Oil heaters connected to a suitable flue and terminal outlet. Any electrical heater should be a fixed installation and connected via a fused spur for the sole use of the appliance. The use of portable paraffin or oil fires heaters and liquefied petroleum gas heaters (LPG) (Bottled Gas heaters) shall not be acceptable under any circumstances. Portable or removable heating appliances will not be acceptable.
2. Washing facilities
2.1 Where all or some of the units of living accommodation in an HMO do not contain
bathing and toilet facilities for the exclusive use of each individual household-
a) there must be an adequate number of bathrooms, toilets and wash-hand basins suitable for personal washing for the number of persons sharing those facilities; and,
b) where reasonably practicable there must be a wash-hand basin with appropriate splash back in each unit other than a unit in which a sink has been provided
having regard to the age and character of the HMO, the size and layout of each flat and its existing provision for wash hand basins, toilets and bathrooms.
2.2 All baths, showers and wash hand basins in an HMO must be equipped with taps providing an adequate supply of cold and constant hot water.
Hot water may be provided by any of the following methods:
(a) Piped from boiler and storage (b) Immersion heater (c) Fixed gas appliance e.g. multipoint (d) Instantaneous electric heaters (only to wash hand basins and electric showers)
having a minimum rating of 6KW. 2.3 All bathrooms in an HMO must be suitably and adequately heated and ventilated.
2.4 All bathrooms and toilets in an HMO must be of an adequate size and layout. 2.5 All baths, toilets and wash hand basins in an HMO must be fit for the purpose.
2.6 All bathrooms and toilets in an HMO must be suitably located in or in relation to the living accommodation in the HMO needs to be suitably located.
3. Shared Kitchen Facilities 3.1 Where all or some of the units of accommodation within the HMO do not contain any
facilities for the cooking of food:
(a) There must be a kitchen, suitably located in relation to the living accommodation, and of such layout and size and equipped with such facilities so as to enable those sharing the facilities to store, prepare and cook food;
(b) The kitchen must be equipped with the following equipment, which must be fit for
the purpose and supplied in a sufficient quantity for the number of those sharing the facilities-
(i) Sinks with draining boards;
Sinks shall be at a ratio of one sink for 5 persons. Where 6 persons occupy a house, the provision of a double-bowled sink, or a dishwasher (in addition to a sink) may be treated as meeting this standard where the Council considers that such provision adequately meets the occupiers’ needs.
(ii) An adequate supply of cold and constant hot water to each sink supplied;
Hot water may be provided by any of the following methods:
(a) Piped from boiler and storage (b) Immersion heater (c) Fixed gas appliance e.g. multipoint
(iii) Installations or equipment for the cooking of food;
Kitchens shall be equipped with cookers with a minimum of 4 rings, a standard sized oven and grill. They shall usually be provided at a ratio of one per 5 persons sharing the kitchen. Where an HMO is occupied by 6 persons the provision of a cooker with more than 4 rings and more than one oven, or a combination microwave oven (in addition to a cooker with 4 rings, an oven and a grill) may be treated as meeting this standard where the Council considers such provision adequately meets the occupiers needs. (iv) Electrical sockets;
In addition to sockets provided for appliances required by these standards, a minimum of 2 double sockets should be provided and located in a safe and accessible position above worktop height. Sockets should be provided at a ratio of
Guidance for amenity provisions in relation to number of persons
1-5 persons No requirement for wash hand basins in sleeping rooms
At least 1 bathroom and 1 WC (the bathroom and WC may be combined) WHB not required in bedrooms
6-10 persons 2 bathrooms AND 2 separate WCs with WHBs (but one of the WCs can be contained within one of the bathrooms)
11-15 persons
1 x WHB required in each sleeping room plus 3 bathrooms AND 3 separate WCs with WHBs (but two of the WC’s can be contained within 2 of the bathrooms)
one double socket for every two persons using the kitchen to a maximum of four double sockets (v) Worktops for the preparation of food;
Worktops shall be a minimum of 500mm depth and a length of 2m per 5 persons using the kitchen, in addition to any work surface taken by an appliance, sink unit or cooker required to satisfy the standards set out at paragraphs 3.1 (b)(i) and (iii) above. A suitable splash back should be provided to any work surface that abuts a wall. All worktops should be capable of being readily cleaned and should be securely fixed. (vi) Cupboards for the storage of food or kitchen and cooking utensils;
Each household shall be provided with an adequately sized cupboard for the
storage of food and kitchen utensils, having a capacity of not less than 0.3m3
(4ft). This may be located either in the kitchen or unit of accommodation. Cupboards sited in the kitchen should be lockable. The space located below the sink should not be treated as a food cupboard for the purpose of this standard.
(vii) Refrigerators with an adequate freezer compartment (or, where the freezer
compartment is not adequate, separate freezers), and of sufficient capacity to meet the reasonable needs of the users should be provided.
(viii) Appropriate refuse disposal facilities: and
(ix) Appropriate extractor fans, fire blankets and fire doors.
3.2 Where the landlord provides all meals, some self-catering facilities will need to be
provided. The Council will consider the circumstances of the case and decide the self-catering services that are required to adequately meet the occupier’s needs.
4. Facilities for Storage, Preparation and Cooking of Food - Units of living
accommodation without shared basic amenities 4.1 Where a unit of living accommodation contains kitchen facilities for the exclusive use of
the individual household, and there are no other kitchen facilities available for that household, that unit must be provided with: (a) Adequate appliances and equipment for the cooking of food;
The minimum requirement is two rings/hot plates together with a minimum of 28 litre oven and grill. For occupancies of two persons the requirement is three rings/hot plates together with a minimum of 28 litre oven and grill. For occupancies of three or more persons a full size cooker is required.
(b) A sink with an adequate supply of cold and constant hot water;
Hot water may be provided by being piped from boiler and storage, immersion heater, or fixed gas appliance e.g. multipoint
(c) A work top for the preparation of food; A suitable work surface a minimum of 0.5m deep and a length of 0.5m plus 0.5m per person using the facility shall be provided.
(d) Sufficient electrical sockets;
In addition to sockets provided for appliances required by these standards, a minimum of one double socket should be provided and located in a safe and accessible position above worktop height. Sockets should be provided at a ratio of one double socket for every two persons using the kitchen to a maximum of four double sockets.
(e) A cupboard for the storage of kitchen utensils and crockery; and An adequately sized cupboard for the storage of food and kitchen utensils should
be provided. The space located below the sink should not be treated as a food cupboard for the purpose of this standard.
(f) A refrigerator.
An adequately sized refrigerator with freezer compartment should be provided.
Where there are no adequate shared washing facilities provided for a unit of living accommodation as mentioned in paragraph 2, an enclosed and adequately laid out ventilated room with a toilet and bath or fixed shower supplying adequate cold and constant hot water must be provided for the exclusive use of the occupiers of that unit either within the living accommodation, or, within reasonable proximity to the living accommodation [reasonable proximity to the living accommodation shall mean no more than one floor distant from the living accommodation.]
5. Fire Safety 5.1 Appropriate fire precautions, facilities and equipment must be provided of such type,
number and location as is considered necessary.
As individual properties vary in size, layout, tenant numbers and type of tenant, specific guidance is not offered relating to fire precautions. Consideration must however be given to the provision of
A protected means of escape route,
Smoke detection system
Fire alarm system
Emergency lighting
Means for fighting a fire (fire blankets and extinguishers)
Fire signage
Fire awareness training for tenants
Register of alarm system checks
Maintenance of alarms and fire-fighting equipment
6. Natural Lighting 6.1 All habitable rooms shall be provided with an area of clear glazing situated in either window
and/or a door, equivalent to at least 1/10th of the floor area of the room. 6.2 All kitchens, bathrooms and water closet compartments shall comply with 6.1 above.
Where this is not practicable, adequate artificial lighting shall be provided in accordance with the requirements of Paragraph 7. All glazing to windows in bathrooms and water closet compartments shall be obscure.
6.3 Underground rooms used as habitable rooms shall comply with 6.1 above. Where this is not practicable, adequate artificial lighting shall be provided in accordance with the requirements of Paragraph 7.
6.4 All staircases, landings and passages shall be provided with an area of clear glazing in a
window. Where this is not practicable, adequate artificial lighting shall be provided in accordance with the requirements of Paragraph 7.
7. Artificial Lighting 7.1 All habitable rooms, kitchens, bathrooms, water closet compartments, staircases,
landings and passages shall be adequately lighted by electricity. 7.2 Time switches should only be allowed to common landings, passages and staircases and
should stay on for an adequate time to allow a person to climb stairs and enter a room. 7.3 There should be sufficient switches to operate the artificial lighting on each landing;
corridor or passage and each switch should allow adequate lengths of corridors, passages and stairways to be illuminated at the same time.
8. Ventilation 8.1 All habitable rooms shall be ventilated directly to the external air by a window, the openable
area of which shall be equivalent to at least 1/20th of the floor area of the room. Neither an openable door giving access directly to the external air nor a louvered opening in such a door will be acceptable for the purpose of this requirement.
8.2 All kitchens, bathrooms and water closet compartments shall comply with 8.1 above, but
where this is not practicable, mechanical ventilation providing a minimum of three air changes per hour shall be provided. Such an installation shall be fitted with an overrun device for a minimum of 15 minutes and be connected to the lighting circuit of the room.
9. Water Supply 9.1 Each separate occupancy shall be provided with a supply of cold running water suitable
for drinking purposes either directly off the rising main or by such other means as are acceptable to the relevant water authority.
9.2 The water pressure to all fitments shall comply with the minimum requirements laid down
by the relevant water authority at all times. 9.3 All water supplies shall where necessary be protected from frost damage. 10. Refuse Storage and Disposal 10.1 There shall be provided and maintained in a convenient and accessible position an
adequate number of suitable refuse containers, so sited as to be readily accessible to the refuse collection service.
Section 3: Space standards
This Guide includes the National Minimum prescribed standards under The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006, defined in italics in this document. Minimum standard for bedrooms in all licensable HMOs is as follows: The floor area of any room used for sleeping accommodation by 1 person (aged over 10) must not be less than 6.51M2
For 2 people (aged over 10) not less than 10.22 m2 For 1 person (ages less than 10) not less than 4.64m2 For the purposes of this guide HMOs have been categorised as follows: Category A: Houses occupied as individual rooms where there is some exclusive occupation (usually bedroom/living room) and some sharing of amenities (bathroom and/or toilet and/or kitchen). Each occupant lives otherwise independently of all others. The maximum number of persons who may occupy any room or rooms, as a separate family shall not exceed the numbers indicated. One-person units of accommodation
One-room units: 13m2 including kitchen facilities;
10m2 where provided with separate shared kitchen
Shared kitchens shall provide 3m2 per person using the facility. Two or more roomed units Each Kitchen –4.2m2 Each Living /Kitchen 11m2
Each living room 9m2
Each bedroom 6.5m2
Two or more person units of accommodation
One-room units: 20m2 (not normally suitable for two or more persons).
Two or more roomed units: Each kitchen - 7m2
Each living/kitchen - 15m2
Each living room - 12m2
Each living/bedroom - 14m2
Each bedroom - 10m2
Category B: Houses occupied on a shared basis. These would normally be occupied by members of a defined social group e.g. students or a group of young single adults. The occupiers each enjoy exclusive use of a bedroom but would share other facilities including a communal living space. One-person units of accommodation
Each bedroom: 10m2 except where a separate living room is provided
which is not a kitchen or a kitchen/dining room, in which
case the bedroom shall be 6.5m2
Two person units of accommodation
Each bedroom: 15m2 except where a separate living room is provided
which is not a kitchen or a kitchen/dining room, in which
case the bedroom shall be 11m2
Common rooms
Kitchens: used by 1-5 persons 7m2
used by 6-10 persons 10m2
used by 11-15 persons 13.5m2
used by 16+ persons 16.5m2
Dining/Kitchens: used by 1-5 persons 11.5m2
used by 6-10 persons 19.5m2
used by 11-15 persons 24m2
used by 16+ persons 29m2
Living Rooms and Dining Rooms: used by 1-5 persons 11m2
used by 6-10 persons 16.5m2
used by 11-15 persons 21.5m2
used by 16+ persons 25m2
Category C: Hostels, guesthouses and bed-and-breakfast hotels, or the like. These will provide accommodation for people with no other permanent place of residence as distinct from hotels, which provide accommodation for temporary visitors to an area. This category would include establishments used by local authorities to house homeless families pending permanent placement and similar establishments, which provide accommodation for people who would otherwise be homeless. It would also include bona fide hotels used for such purposes, even on a casual basis, and hotels housing a mixture of homeless households and visitors. Bedrooms Persons should not be expected to share a sleeping room unless there is a bona fide relationship. E.g. Family relation.
All bedrooms to be as follows: used by 1 person 8.5m2
used by 2 persons 11m2
used by 3 persons 15m2
For each additional person above 3 persons there should be an additional 4.5m2 of floor area.
Lounge
A minimum provision of 3m2 per person will be required.
Dining
A minimum provision of 2m2 per person will be required.
Combined Lounge/Dining areas
A provision of 4m2 per person will be deemed to be adequate if the floor areas of lounge and
dining rooms are combined. Kitchen Where food is provided, such as breakfast, snacks or other meals, the HMO must be registered as a food business with Middlesbrough Council and comply with relevant food hygiene laws. The kitchen facilities and food provision would be subject to a food hygiene inspection, which is separate from the HMO licensing process. Contact the Public Protection Service on 01642 728272, email [email protected] or visit www.middlesbrough.gov.uk for further information.
Section 4: Application Form to licence a House in Multiple Occupation
Use this application to apply for a new licence, variation or renewal
Part 1: General Information
Data Protection All of the information provided in this application will be handled in accordance with the provisions of the General Data Protection Regulation To fulfil the council’s obligations under Part 2 of the Housing Act 2004, the council requires you to provide the information for the following purposes; a. to identify the persons involved in the management of the HMO and to facilitate legal proceedings in the event of any offence connected with the licensing of the HMO
b. to obtain information needed to assess the fitness and competence of persons involved in the management of the HMO
c. to establish links between properties and persons involved in the management, control and ownership of HMOs
d. to obtain information concerning the suitability of the property to be licensed as an HMO.
e. the information you provide may be shared, and verified with other agencies such as the Police, other local authorities and other departments within the council.
f. some of the information you provide will be entered into a public register as required by law.
g. the council may be required to disclose to government agencies certain information you provide.
h. the council may also contact you regarding issues relevant to HMOs.
The information provided in this application must be accurate. It is a criminal offence to knowingly supply information that is false or misleading for the purposes of obtaining a licence under Part 2 of the
Housing Act 2004.
Evidence of any statements made in this application with regard to the property concerned may be required at a later date. If Middlesbrough Council subsequently discovers something that is relevant and
which you failed to disclose in your application, or which was incorrectly stated or described in your application, the licence may be revoked, or other action taken.
Full postal address of HMO to be licensed
Number of persons property to be licensed for.
1. The applicant
Name
Address
Date of birth
Telephone
The applicant is the.
Circle all applicable
*existing and proposed licence holder(s)* Yes / No
*person(s) managing the HMO Yes / No
*person(s) having control of the HMO Yes / No
*freeholder of the property Yes / No
2. The Proposed Licence Holder(s) (if not the applicant)
Name
Address
Date of birth
Telephone
The Proposed Licence holder is also:
*The person(s) managing the HMO Yes / No
*The person having control of this HMO Yes / No
(see Section 10)
3. The Person(s) Managing the HMO (if not the applicant or proposed licence holder)
Name
Address
Date of birth
Telephone
The person managing is also.
The person(s) having control of the HMO Yes / No
(see Section 10)
4. The Person(s) Having Control of the HMO (if not the applicant, proposed licence holder or persons managing the HMO)
Name
(see Section 10)
Address
Date of birth
Telephone
5. Freeholder(s) of the Property (if not the proposed applicant)
Name
(see Section 10)
Address
Telephone
6. Mortgagee(s) of the Property (e.g. the bank or building society)
Name
(see Section 10)
Address
Telephone
7. Any other person agreeing to be bound by the terms of the licence
Name
(see Section 10)
Address
Date of birth
Telephone
8. Any other person known to the applicant having an estate or legal interest in the HMO that is subject to the application
Name
(see Section 10)
Address
Telephone
9. Details of other proposed Licence Holder or Manager that is part of the application
Name
(see Section 10)
Address
Telephone
10. Other persons who need to be notified.
This section must be completed for any person detailed in sections 2-9 above. Some of the information will be duplicated but this information is required by statute. This information is required to be signed and dated.
You must let certain persons know in writing that you have made this application or give them a copy of it. The persons who need to know about it are:
Any mortgagee of the property (the lender)
Any owner of the property to which the application relates (if that is not you) i.e. the freeholder and any head lessors who are known to you
Any other person who is a tenant or long leaseholder of the property or any part of it (including any flat) who is known to you other than a statutory tenant or other tenant whose lease or tenancy is for less than three years (including a periodic tenancy)
The proposed licence holder (if that is not you)
The proposed managing agent (if any) (if that is not you)
Any person who has agreed that he will be bound by any condition or conditions in a licence if it is granted
You must tell each of these persons:
Your name, address, telephone number and e-mail address or fax number (if any)
The name, address, telephone number and e-mail address or fax number (if any) of the proposed licence holder (if it will not be you)
That this is an application made under Part 2 of the Housing Act 2004
The address of the property to which the application relates
The name and address of the local housing authority to which the application will be made
The date the application will be submitted
I/we declare that I/we have served a notice of the application on the following persons who are the only persons known to me/us that are required to be informed that I/we have made this application.
Signed Date
Name Address Description of person’s interest in the property or the application
Date of service
Continue on separate sheet if necessary
11. Test of fitness and Compliance with Management Conditions - Sections 11, 12 and 13 will need completion by all proposed licence holders and managers.
Please note: The Council may carry out the necessary legal checks on applicants.
a) Do you have any unspent convictions that may be relevant to the proposed licence holder’s fitness to hold a licence, or the proposed manager’s fitness to manage the HMO or house, and, in particular, any such conviction in respect of any offence involving fraud or other dishonesty, or violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003(a)?
Licence Holder Manager
Yes□ No□ Yes□ No□
b) Has there been any finding by a court or tribunal against the proposed licence holder or manager that they have practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origin or disability in, or in connection with, the carrying on of any business?
Licence Holder Manager
Yes□ No□ Yes□ No□
c) Has there been any contravention on the part of the proposed licence holder or manager of any provision of any enactment relating to housing, public health, environmental health or landlord and tenant law which led to civil or criminal proceedings resulting in a judgement being made against you?
Licence Holder Manager
Yes□ No□ Yes□ No□
d) Do you have any information about any HMO or house that the proposed licence holder or manager owns or manages or has owned or managed which has been the subject of: i. a control order under Section 379 of the Housing Act 1985 in the
five years preceding the date of the application; or ii. any appropriate enforcement as detailed in Section 5 of the
Housing Act 2004?
Licence Holder Manager
Yes□ No□ Yes□ No□
e) Do you have any information about any HMO or house that the proposed licence holder or manager owns or manages or has owned or managed for which a local housing authority has refused to grant a licence under Part 2 or 3 of the Act, or has revoked a licence in consequence of the licence holder breaching the conditions of his licence?
Licence Holder Manager
Yes□ No□ Yes□ No□
f) Do you have any information about any HMO or house the proposed licence holder or manager owns or manages or has owned or managed that has been the subject of an interim or final management order under the Housing Act 2004?
Licence Holder Manager
Yes□ No□ Yes□ No□
g) Have you as an owner, licence holder or manager of an HMO or house failed to comply with any notice that has resulted in the local authority carrying out works within the last 5 years?
Licence Holder Manager
Yes□ No□ Yes□ No□
h) Have you been declared bankrupt within the last 5 years? Licence Holder Manager
Yes□ No□ Yes□ No□
i) Have you ever had any application for a licence under Parts 2 or 3 of the Housing Act 2004 refused or revoked; or had Management Orders imposed, by this or by any other local authority under the Housing Act 2004?
Licence Holder Manager
Yes□ No□ Yes□ No□
j) Do you have any family, friends or businesses and /or their owners associated with you, or formally associated with you where the answers to the above questions would be yes.
Licence Holder Manager
Yes□ No□ Yes□ No□
IF THE ANSWER TO ANY OF THE QUESTIONS ABOVE IS YES, THEN FULL DETAILS ARE REQUIRED BELOW
12. Training If you have received training in the management and letting of residential accommodation, please provide details below.
Declaration
I declare that to the best of my knowledge and belief all the information in Sections 11 and 12 above is true
Signature(s) Print full name(s):
Position: *Proposed Licence Holder / *Proposed Manager
* Delete as appropriate or both the Licence Holder and the Manager sign and print names above.
Position (if acting on behalf of a company):
Date:
13. Suitable management arrangements
Please detail the management arrangements where the proposed licence holders live/work more than 2 hours from the house and there is no managing agent.
Where the owner of the premises is not the proposed licence holder please detail the arrangments between owner and the proposed licence holder and in particular funding arrangements
Continue in Section 41 where necesary
14. How long have you owned this property? Years _________ Months _________
If you have purchased the property within the last three years when was the purchase completed?
Date: _________________________________
Was the property occupied by and rented out in multiple occupation to 5 or more persons at the time of purchase?
Yes No
If not occupied to 5 or more persons at the time of purchase when did the property become occupied and rented out to 5 or more persons?
Date:
15. The Applicant for the licence must indicate below any other properties for which they already have a licence under Part 2 or 3 of the Housing Act 2004, whether in Middlesbrough or other area of the United Kingdom:
Address 1: ____________________________________________________________________
Address 2: ____________________________________________________________________
Address 3: ____________________________________________________________________
Continue in section 41 if more than 3 properties.
Information about the property
16. Is this a house or flat?
House Flat
(a) Is the property detached / semi-detached / terrace / end terrace / back to back terrace / grouped design /Residential block / Mixed use block? (please delete as necessary)
Yes No
(b) Is this a house/building converted into and comprising of only self-contained flats
Yes No
(c) Is this a purpose built block of flats?
Yes No
17. Flats (If applicable)
Total number of flats that are self-contained:
Total number of flats that are not self-contained:
18. Property
Was the property purpose built as a dwelling in its current design?
Was the property converted from a previous residential dwelling or dwellings?
Was the property converted from a non-residential structure?
What was the year of conversion to its current form if known? :
Yes
No
Yes No
Yes No
Yes No
19. Approximate age of the original construction
Before 1919 / 1919-1944 / 1945-1964/ 1965-1980 / after 1980 (please delete as necessary)
20. Please give a brief description of any commercial use of the premises:
21. Details of storeys in property
Number of storeys in the premises below ground level _______________
Number of storeys in the premises ground level and above ___________
Note: Mezzanine floors are counted as storeys
22. Occupancy
Total number of separate letting units:
Number of individual tenants at the time of application:
Number of people living in the property:
Total number of households occupying the property:
Of the above the number of children living in the property (age 11-17):
Aged 10 years or under
Total number of habitable rooms (except kitchens):
Total number of bedrooms:
Total number of living rooms:
Total number of bathrooms/shower rooms:
Number shared:
Total number of toilets with wash hand basins:
Number shared:
Total number of toilets without wash hand basins: Number shared:
Total number of wash hand basins:
Number shared:
Total number of kitchens:
Number shared:
Total number of sinks:
Number shared:
23. Fire Precautions
Please detail any fire precautions, equipment or fire alarms at the property. In the case of fire alarms please detail whether the detectors are mains powered and linked and whether linked by wiring or radio waves, low voltage systems controlled by a panel and interlinked. Is there a log book of inspection / tests? Yes /No
24. Main Escape Route
Is the main escape route protected by self-closing fire resisting doors? Is the main escape route clear of flammable material and other obstructions? Please detail any fire escape routes in the premises
Please provide details of fire safety training to occupiers
Are there any instructions in the property informing the tenants what to do in the event of a fire? please detail number and location. Are there any fire blankets in the property? please detail number and location.
Yes Yes
No No
25. Emergency Lighting
Is there an emergency lighting system installed in the common areas such as the staircase and landings? Please detail location of emergency lighting units
Yes
No
26. Handrails to steps and staircases and balustrades
Do all staircases and steps leading up to the entrance of the house and any means of escape have handrails and balustrades where the difference between levels is greater than 600mm?
Yes No
27. Electrical safety
It is a requirement of management regulations for an HMO to have an electrical test certificate. Does the property have an electrical safety certificate?
Where the answer to this question is yes you must supply a copy of the electrical safety certificate with the application. Where the application is made in advance of occupation a certificate shall be obtained prior to occupation and submitted to the Council.
Yes No
28. Carbon Monoxide Detectors
How many rooms have gas appliances? (cookers, boilers, gas fires etc.)
Do all of these rooms have carbon monoxide detectors installed in accordance with manufacturers specifications
Yes
No
29. Gas installation and appliances
Do you provide a gas installation/appliances to any part of the property?
By signing the application on the last page you are declaring that the gas appliances in the property meet the safety requirements contained in legislation.
Please note that where gas is supplied to the property there must be a current landlord’s gas safety certificate enclosed with the application.
Yes
No
30. Flats above shops and associated with other lettings
Where is the electric meter, the gas meter and the water supplies located including the emergency cut are-offs?
Do tenants have access to these out of hours?
[Circle N/A if the accommodation is a house]
Yes
No N/A
31. Furniture and Furnishings
Have you included any furniture included in the tenancy?
By signing the application on the last page you declare that any furniture and furnishings in the property supplied as part of a tenancy or licence agreement meet the safety requirements contained in legislation.
Yes No
32. Tenancy Arrangements
Do you provide tenants with a written statement / tenancy agreement stating the terms of their occupancy?
Where the answer to this question is ‘YES’ you should include a copy of a written statement / tenancy agreement with the licence application.
Yes No
33. Energy Performance
Do you have an energy performance certificate (EPC) for the property?
Where the answer to this question is yes you should include a copy of the EPC with the licence application.
Please detail below any work carried out to the heating and insulation qualities of the house since the date of the EPC.
Yes
No
34. Energy Performance continued
Does the property have: 275mm insulation in the loft spaces? In No, please state depth of insulation ___________________________ Insulated external walls? If Yes – please state type and depth ____________________________ Is there insulation or intact cellar ceilings to the cellars Please detail any other insulation:
Yes Yes
No No
35. Heating:
What is the main form of heating for the house? Please circle the most appropriate answer below
(a) Central heating from a gas boiler?
(b) Electric night storage on economy tariff?
(c) Individual gas heaters/ individual electric heaters?
Other (state)_______________________________________________
Is there any supplementary heating?
please specify if yes_________________________________________
Do the tenants have unrestricted use of the heating/controls
If no please detail the hours of operation___________________
___________________________________________________
Yes Yes
No No
36. Portable Electrical Appliances e.g. kettle, vacuum cleaner
Do you provide portable electrical appliances to any part of the property?
Please provide details of any existing electrical safety inspection certificate for all appliances (certificate to be enclosed with application) (If none please indicate as such)
Yes
No
37. Bathrooms
For each bathroom please detail the facilities and the number of persons sharing, deleting as necessary: Bathroom 1 – location _____________________________________________________________ Facilities: shower/ bath/washbasin/ toilet/ bidet/ fan/ humidity controlled fan Number of persons sharing ____________________ Bathroom 2 – location_____________________________________________________________ Facilities: shower/ bath/wash basin/ toilet/ bidet/ fan/ humidity controlled fan Number of persons sharing ____________________ Bathroom 3 – location ____________________________________________________________ Facilities: shower / bath / wash basin / toilet / bidet / fan / humidity controlled fan Number of persons sharing ____________________ If there are more than 4 bathrooms please detail in section 41
38. Kitchens
For each kitchen please detail the facilities and the number of persons sharing/ deleting as necessary Kitchen 1 – Location_______________________________________________________ Facilities Sinks (number_______) Cookers (number______) Worktops (length __________M2) Fridge space ____________M3 Freezer space____________M3 Number of persons sharing __________________ Kitchen 2 – Location_______________________________________________________ Facilities Sinks (number_______) Cookers (number______) Worktops (length __________M2) Fridge space ____________M3 Freezer space____________M3 Number of persons sharing __________________ If there are more than 2 kitchens please detail in section 41. Houses with bedsits please detail each set of kitchen arrangements.
39. Property information with floor plan.
The following information must be included on the plan. Plan must include any commercial use of the premises Type of room e.g. kitchen, bedroom etc.
Location of fittings e.g. baths, washbasins, cookers,
Location of fire doors (marked FD) and Emergency Lighting (marked EL), Smoke and heat detectors
and sounders, marked SD, HD respectively
Fire blankets (marked FB)
Floor area
Kitchen equipment
Bathroom facilities
Floor dimensions of living rooms and bedrooms
Direction of staircase (give upward direction)
40. Use this space to include details where there has been insufficient space in previous sections.
41. Enclosures
The Following requirements are to be supplied with the licence application subject to any exceptions detailed in the section specified. Please mark X in the boxes to the right hand side to indicate you have supplied the relevant documentation with this application.
Fire Alarm Inspection & Test Report (NIC EIC, NAPIT, STROMA or ELECSA approved)
Emergency Lighting Inspection & Test Report
Electrical Safety Certificate (See Section 28)
Gas Safe registered commissioning and annual gas safety inspection certificates (See Section 30)
Energy performance Certificate (EPC) (See Section 34)
Electrical Appliance test certificate (See Section 36)
Floor Plan of property (See Section 40)
Written statement / tenancy agreement (See Section 32)
42. DECLARATION
WARNING: IF YOU KNOWLINGLY MAKE A FALSE STATEMENT OR FAIL TO COMPLY WITH ANY CONDITION OF THE LICENCE, YOU MAY BE LIABLE TO PROSECUTION
In considering whether the required standards and/or conditions have been met, the Local Authority may take into account other evidence available to it in addition to this declaration. An officer may also need to visit the property to check the situation and the accuracy of the declaration. If we need to visit, we will contact you to arrange a suitable time.
Note: Your application will NOT be valid unless you complete all the relevant parts of this form, provide all necessary documents and have paid the required fees.
I/we declare that the information contained in this application is correct to the best of my/our knowledge.
I/we understand that I/we commit an offence if I/we knowingly supply any information to a local housing authority in connection with any of their functions under any of Parts 1 to 4 of the Housing Act 2004 that is false or misleading and which I/we know is false or misleading or I/we are reckless as to whether it is false or misleading. I understand and accept that if I withhold information or provide false or misleading information this may result in my application being rejected.
To be completed by all applicants
Print Full Name:
Signature: ______________________________ Date _______________________
Position (if acting on behalf of a company): ____________________________________
Print Full Name:
Signature: ______________________________ Date _______________________
Position (if acting on behalf of a company): ____________________________________
Print Full Name:
Signature: ______________________________ Date _______________________
Position (if acting on behalf of a company): ____________________________________
Section 5: Guidance on completing an application form Definitions Definitions detailed below are in the order that they appear in the application form.
Applicant
This may be the property owner, the proposed licence holder, the proposed property manager, the person having control of the property or the person managing the property or somebody acting on their behalf who has completed the application for whatever reason.
Licence Holder
The most appropriate person to be responsible for the property and to hold the licence. This will usually be the applicant.
Licensed This is relating to houses actually licensed with this or another Local Authority. This will include licensed houses in Middlesbrough Council’s Selective Licensing Scheme.
Membership of Accreditation or Responsible Landlord Scheme In Middlesbrough a Tenancy Referencing Scheme is used.
Person Managing the Property This is not necessarily the same as the Managing Agent or the Manager. The person managing means the person who is an owner or lessee (tenant) of the premises or who receives the rent for the property or other payments for it from persons who are in occupation as tenants or licensees of parts of the premises. This applies whether the person receives the rent directly or through an agent or trustee. Where the rents or other payments are received through someone who is an agent or trustee not only does it include the owner (or lessee) but it also includes the agent or trustee.
Fit and Proper Person We must be satisfied that the person applying for an HMO licence is a "fit and proper person" to hold a licence. The test is applied to any person managing the premises and any director or partner in a company or organisation, which owns or manages the HMO. Not all convictions are relevant to a person’s prospective role as an operator of an HMO. Please note that failure to declare a relevant conviction will be regarded with the conviction as more serious than the conviction itself. A licensee will be required to provide upon request a copy of report provided by the Criminal Records Bureau. The licensee will be required to provide photographic evidence of their identity for example a driving licence or passport. This will be required at an early stage but need not accompany your Licence Application form.
Spent Convictions This is a detailed and comprehensive matter and it is recommended you seek independent legal advice on the matter but as a general guide. Under the Rehabilitation of Offenders Act 1974 criminal convictions can become spent or ignored after a rehabilitation period. They do not need to be disclosed. The rehabilitation period varies depending on the sentence or order imposed by the court – not the nature of the offence. Custodial sentences of more than two and a half years can never become spent. All borstal or detention centre sentences are now spent.
Enforcement Action The appropriate enforcement action detailed in Section 5 of the Housing Act 2004 is: (a) An Improvement Notice under Section 11 of the Housing Act 2004;
(b) A Prohibition Order under Section 20 of the Housing Act 2004;
(c) A Hazard Awareness Notice under Section 28 of the Housing Act 2004;
(d) An Emergency Remedial Action under Section 40 of the Housing Act 2004;
(e) An Emergency Prohibition Order under Section 43 of the Housing Act 2004;
(f) A Demolition Order under Subsections (1) or (2) of Section 265 of the Housing Act 1985;
(g) A premises being in a Clearance Area under Section 289 of the Housing Act 1985.
Owner Means person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple of the premises whether in possession of reversion: and includes also a person holding or entitled to the rents and the profits of the premises under a lease of which the un-expired term exceeds 3 years.
Mortgagee The mortgagee is the company lending money against the security of the premises.
Type of premises
(a) Detached. A single dwelling, which is free standing from any other structure except its own outbuildings.
(b) Semi-detached. A dwelling which shares a structural party wall with one other dwelling forming a pair which are free standing from any other structure except their own outbuildings.
(c) Terraced. A dwelling forming part of a group of three or more dwellings linked by side party walls in a linear layout, excluding those defined as end terrace. Crescent layouts would be included.
(d) End terrace. A dwelling at the end of a terrace of dwellings, which therefore shares a side party wall with one other dwelling only.
(e) Grouped Design. A dwelling, which shares a party wall with one or more other dwellings, set out in a non-linear layout such as a cluster or around a courtyard. Entrances will normally be private.
(f) Residential block. A dwelling in a block, which is entirely designed for residential or related use.
(g) Mixed-use block. A dwelling in a block, which contains a mix of units designed for both residential and non-residential use.
Single Household A single household can be regarded as members of the same family, or persons living together as husband and wife (or in an equivalent relationship in the case of persons of the same sex).
Gas Safety and Landlords' responsibility for Gas Safety Matters Gas appliances must be safe and tested and certificated in accordance with the Gas Safety Installations and use regulations 1998. At the time of preparing these notes this is the extent to which you will be signing the declaration in Question 43 of the HMO Application Form. A copy of the current Gas Safety Certificate is required with the application. More Information and Guidance on Landlords’ Responsibilities can be found at the following link: http://www.hse.gov.uk/gas/landlords/index.htm
Furnishings All upholstered furniture provided with rented accommodation must comply with the Fire and Furnishings (Fire Safety/Amendment) Regulations 1993. This means that all furnishings provided within the tenancy must have passed cigarette and match ignition tests and the filling materials have passed the flammability tests. If your furniture complies it should have a label attached permanently with the lining giving details as appropriate – See Question 32 on the HMO Application Form
Informing Interested Parties Information regarding mortgagee is detailed above at in question 6 in the HMO Application Form in Section 4. Please note that applicants are not required to inform any tenant with an un-expired term of tenancy of less than 3 years.
