Additional HMO Licensing Scheme Designation 2024

Notice of Designation of areas for an Additional HMO Licensing Scheme 

Citation, commencement and duration

1. Arun District Council ( The Council ) in exercise of its powers under section 56(1) of the Housing Act 2004 ( the Act ) hereby designates for additional licensing of Houses in Multiple Occupation ( HMOs ) the following areas of the Arun District: River Ward in Littlehampton and Hotham Ward and Marine Ward in Bognor Regis, all HMOs in paragraph 4 below that are not subject to mandatory licensing under section 55(2) of the Act. This may be cited as the Arun District Council Designation for Additional Licensing of Houses in Multiple Occupation 2024 ( the Designation ).

2. This Designation is made on 1st November 2024 and falls within a description of designations for which the Secretary of State has issued a general approval under Section 58 of the Act, namely the Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015 and does not need to be confirmed by the Secretary of State.

3. This Designation shall come into force on 1st February 2025 and cease to have effect on 31st January 2030, or earlier if the Council revokes the scheme under section 60 of the Act.

Application and effect of the Designation

4. The Designation applies to all HMOs as defined by section 254(2),(3) and (4) of the Act that are occupied by three or more persons comprising two or more households, and section 257 HMOs, including the common parts of buildings where two or more flats share a communal hallway (whether the individual flats are independently licensable or not), unless they fall within the exemptions of Schedule 14 of the Act.

5. The Council will comply with the notification requirements contained in section 59 of the Act and shall maintain a register of houses registered under this Designation, as required under section 232 of the Act.

6. All landlords, managing agents or tenants within the designated area should obtain advice to ascertain whether their property is affected by the Designation by checking the Council's website and HMO pages or contacting the Council's Private Sector Housing HMO Team.

7. The Designation may be inspected at the Council's address during opening hours or on the Council's website. General advice is also available on the Council's website or by writing to the Council's Private Sector Housing and Public Health team (charges may apply). Applications for licences should be made via the Council's website.

Address: Private Sector Housing and Public Health, Arun District Council, Arun Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF

Telephone: 01903 737755

e-mail: HMOLicensing@arun.gov.uk

website: www.arun.gov.uk/hmo

8. Upon the Designation coming into force on 1 February 2025 a person who operates a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by a licence is liable to prosecution and on summary conviction to an unlimited fine. As an alternative to initiating a prosecution, the Council may pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £30,000 and/or taking management control of an unlicensed HMO. In addition, where an offence has been committed, the Council and/or tenant may also make an application under Section 73 and 74 of the Act for a Rent Repayment Order to pay back rent up to 12 months, Housing Benefit or Universal Credit. Furthermore, it will not be possible to serve an eviction notice under Section 21 of the Housing Act 1988 on tenants of an unlicensed licensable property. The Council may also issue the licence for less than the maximum period allowed.

Signed:

Nat Slade

Group Head, Technical Services

For and on behalf of Arun District Council

Dated: 1st November 2024

 

Full Designation

Notice of Designation of areas for an Additional HMO Licensing Scheme

Citation, commencement and duration

9. Arun District Council ( The Council ) in exercise of its powers under section 56(1) of the Housing Act 2004 ( the Act ) hereby designates for additional licensing of Houses in Multiple Occupation ( HMOs ) the following areas of the Arun District: River Ward in Littlehampton and Hotham Ward and Marine Ward in Bognor Regis and as shown on the maps in Annex A, all HMOs in paragraph 4 below that are not subject to mandatory licensing under section 55(2) of the Act. This may be cited as the Arun District Council Designation for Additional Licensing of Houses in Multiple Occupation 2024 ( the Designation ).

10. This Designation is made on 1st November 2024 and falls within a description of designations for which the Secretary of State has issued a general approval under Section 58 of the Act, namely the Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015 and does not need to be confirmed by the Secretary of State. 

11. This Designation shall come into force on 1st February 2025 and cease to have effect on 31st January 2030, or earlier if the Council revokes the scheme under section 60 of the Act.

Application and effect of the Designation

12. The Designation applies to all HMOs as defined by section 254(2),(3) and (4) of the Act that are occupied by three or more persons comprising two or more households sharing basic amenities, and section 257 HMOs, including the common parts of buildings where two or more flats share a communal hallway (whether the individual flats are independently licensable or not) as shown in a-e below, unless they fall within the exemptions of Schedule 14 of the Act (i-v below). 

a. Meet the conditions in Section 254 (2) of the Act 2004 ( the standard test );

b. Meet the conditions in Section 254 (3) of the Act 2004 ( the self-contained flat test );

c. Meet the conditions in Section 254 (4) of the Act 2004 ( the converted building test );

d. HMOs as defined in section 257 of the Act (with further information in Annex B below) where less than two-thirds of the self-contained flats are owner-occupied; and 

e. The common parts of buildings where two or more flats share a communal hallway (whether the individual flats are independently licensable or not), unless - 

i. The building is of a description specified in Annex C below (buildings that are not HMOs for the purpose of the Act, other than Part 1);

ii. The HMO is subject to an Interim or Final Management Order under Part 4 of the Act;

iii. The HMO is subject to a temporary exemption under section 62 of the Act;

iv. The HMO is required to be licensed under section 55 (2)(a) of the Act (mandatory licensing); or

v.  The HMO is specifically excluded from the scheme as it is either:

(i) A section 257 HMO consisting solely of flats where there is no internal or external common parts; or

(ii) Where only two flats are accessed by a small communal lobby on the ground floor only (the flats could still be independently licensable).

13. The Council will comply with the notification requirements contained in section 59 of the Act and shall maintain a register of houses registered under this Designation, as required under section 232 of the Act.

14. All landlords, managing agents or tenants within the designated area should obtain advice to ascertain whether their property is affected by the Designation by checking the Council's website and HMO pages or contacting the Council's Private Sector Housing HMO Team.

15. The Designation may be inspected at the Council's address during opening hours or on the Council's website. General advice is also available on the Council's website or by writing to the Council's Private Sector Housing and Public Health team (charges may apply). Applications for licences should be made via the Council's website. 

Address: Private Sector Housing and Public Health, Arun District Council, Arun Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF

Telephone: 01903 737755

e-mail: HMOLicensing@arun.gov.uk 

website: www.arun.gov.uk/hmo

1.    Upon the Designation coming into force on 1 February 2025 a person who operates a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by a licence is liable to prosecution and on summary conviction to an unlimited fine. As an alternative to initiating a prosecution, the Council may pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £30,000 and/or taking management control of an unlicensed HMO. In addition, where an offence has been committed, the Council and/or tenant may also make an application under Section 73 and 74 of the Act for a Rent Repayment Order to pay back rent up to 12 months, Housing Benefit or Universal Credit. Furthermore, it will not be possible to serve an eviction notice under Section 21 of the Housing Act 1988 on tenants of an unlicensed licensable property. The Council may also issue the licence for less than the maximum period allowed.

Signed:

Nat Slade

Group Head, Technical Services

For and on behalf of Arun District Council

Dated: 1st November 2024

 

Annex A - Maps of Designated Areas

More detailed maps of designated areas can be found here.

Annex B - Section 257 HMOs

Individual flats in converted properties will be considered as owner-occupied if they are occupied by:

• Someone who has a lease of the flat which has been granted for a term of more than 21 years, or
• Someone who has a freehold interest or estate in the converted block of flats.

Apart from the exemptions and exclusions listed in Annex C, the proposed scheme will include all rented houses and flats with three or four persons in two or more households where there is sharing of bathroom and/or toilet and/or cooking facilities.

For section 257 HMOs the additional licensing scheme will cover the communal parts of the building such as lobbies, hallways and landings, and external parts of a building including land associated with it such as gardens or yards.

In some scenarios this will therefore require two (or more) licences to be in place in regard to the same building - one for the communal areas which are under the freeholder's control (as well as any applicable flats under their control) and one for each flat with three or four occupants which is under a leaseholder's control.

Properties that are already mandatorily licensed would not be required to obtain an additional licence under the proposed additional HMO licensing scheme.

Annex C - Exemptions and exclusions

There are a number of properties and occupancy types that are exempt from requiring a HMO licence, either mandatory or additional. These exemptions to the licensing requirements are included in Schedule 14 of the Housing Act 2004 and primarily relate to buildings owned and managed by public sector bodies, housing associations, the police, and educational establishments. For the proposed scheme these will include the following:

• Any property occupied by only two people who form two households
• Buildings managed by a local housing authority, registered social landlord, police or fire and rescue authority or a health service body
• Buildings already regulated under certain other statutory provisions, such as care homes
• Student halls of residence and buildings managed by an educational establishment
• Buildings occupied for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering. (This does not apply in the case of a converted block of flats to which section 257 applies)
• Common parts of purpose-built blocks of flats that meet the relevant Building Regulations at the time they were built (but individual HMO flats within the block may be licensable)
• The owner lives in the property with no more than two lodgers
• Owner-occupied properties. (This does not apply in the case of a converted block of flats to which section 257 applies, except for the purpose of determining the status of any flat in the block)
• Rooms or dwellings that are let as short-term accommodation on a commercial basis - for example a 'host family' arrangement for foreign students, a holiday let, or Airbnb (but if one room is let as the main residence of a tenant, the property may need a licence). It will be for the council to determine on evidence provided whether a let is a short-term let rather than a tenancy or other type of accommodation
• Properties let as part of an adult placement or Shared Lives scheme where up to three adult placements, plus their careers, live at the property
• Properties which are subject to a temporary exemption under section 62 of the Housing Act 2004
• Where only two flats share a small ground floor lobby and both entrances are on the ground floor
• Properties which are already subject to mandatory HMO licensing under section 55(2)(a) of the Housing Act 2004