HMO Results - 5. Representations received

The following representations were received:

“This consultation was considered by the Town Council’s Planning and Transportation Committee at its meeting held on Monday 17 July 2023, particularly with reference to the proposed introduction of additional HMO licensing in the River Ward in Littlehampton and supported the Scheme. Members welcomed the move to capture accommodation which otherwise escaped the legislation and regulations for this type of housing that were currently in place. The majority of private landlords were considered responsible. However, it was clear from both the representation and reports that Members received from constituents, that the new regime and the proposed system of reporting, would provide a much needed mechanism for raising these issues and seeking redress.” - Littlehampton Town Council

 

“Morning, I object strongly to your thoughts of licensing all/most hmo's of any size for reasons below

1 most private HMO's are managed satisfactory

2 council HMO's are a disgrace, no management at all

3 Private HMO's below license amounts currently, would give up, as if license comes in, would make it unviable to continue housing vulnerable people,

4 Council cannot provide homes for people, so smaller HMO's are a valuable asset to the community and keeping people off the street

5 Smaller HMO's being better managed keep the people in a safe environment, unlike council HMO's

6 Council and Licensed HMO's that the council put tenants into are where the problems are, not the smaller ones, that are properly managed

7 Smaller HMO's house thousands of vulnerable people, that can't live directly in the community, and the landlord/agent becomes an unpaid carer to a degree.

8 smaller HMO's are more manageable, allowing more people to be housed adequately.

9 Most of the smaller HMO's, being managed properly, unlike Council ones, are not even noticed in the community, as they are an asset, not a problem.

 As you can see, Being an agent, we see the good and bad types. we watch council HMO's daily, drug dealing and parties daily. Unmanaged, so the tenants have a free-for-all in them.

These bring down communities, and where the council put tenants into private HMO's, generally 6 rooms +, these become a dangerous place to be around. I could list many of both types, but there is no comparison between large and small. Not seen a small HMO in a desperate state for many years, only council unmanaged and currently licensed private ones, the council have control of putting tenants in. 6 rooms and above. The staff you have don't actually know good from bad, they want to crucify private landlords, if they refuse council tenants, as experienced many, many times. I'll have a receipt of delivery and what happens next. Regards” – Local property manager/agent & landlord

(It should be noted that Arun District Council does not own any HMOs and local agents and landlords do not have access to data on disrepair or service requests/ complaints about HMOs of any size, whether licensed or not – Arun District Council).

 

“Nothing personal but having been a landlord for 41 years with a few rental properties in the Arun District I have already decided to evict my tenants and sell my properties when the Renters Reform Bill becomes law in any case. If I can not sell at the price I want then after the appropriate time the properties will either go to airbnb or be relet at substantially increased rents. With the onerous new legislation I can not offer rentals at substantially below market price anymore. Sorry but I and many other landlords are not even prepared to co- operate or waste our time on meaningless discussions anymore as it is with those who have never been landlords who always know best. When this scheme comes into force, which it will as it is an excuse for an income stream then please let me know ?. Sorry but we are not going to hang around to be whipping boys anymore. There will be substantially less rental properties available in the future so it is your problem not the landlords so you will have to just deal with it. Many thanks” – Local landlord

 

“Dear Whoever is dealing with this.

Public Consultation

Re HMO Licensing Arun District Council  

I am the owner and occupier of the above flat and have been for over 40 years since December 1982. As my flat is the basement/garden flat of No 5. I have my own entrance and rear door into my private garden with its own back gate. I am Independent of the rest of the building. I own a share of the Freehold along with the remaining other three self-contained flat owners

Therefore, I feel that I do not live in premise with HMO requirement. I do not need a Licence to Live in my Home!!!

It strikes me that Arun District Council are trying to force Owner/Occupiers out of their own homes in order to downgrade the area by declaring it an HMO area. It looks like you have a hidden Agenda. This area of Bognor Regis has already been downgraded by Arun District by permitting Hilary House Hotel a number of years ago to be changed from a quite seaside holiday hotel establishment to a rowdy HMO for residents from outside the area. Unfortunately, often the Police are in attendance which is not good for our Property Prices. Also, another HMO was permitted change of use from Care Home beside Tesco Express Aldwick Road. This road is one of the main throughfares to Pagham.

Sadly, I have to admit the area has gone downhill over the last 10 to 15 years as the local village shops in the local Aldwick Road Conservation Area, consisting of Banks, Butchers, Ironmongers, Dry Cleaners, Hairdressers, Victoria Park Post Office with instore Chemist and Grocers, closed to be replaced predominantly by Estate Agents and offices. The community feel of the area has gone. Plus, parking has become a nightmare in the area. Because before there used to be shops with owners living above them, with one car per shop. Now the shops are offices with a number of staff with cars, plus the above premises have been converted into flats. The three closed banks are now offices or flats employees park in side streets making it very much hit and miss parking for residents. The double yellow lines outside properties 5 and 6 Park Road where not there when I moved in in 1982. But over the years whenever the yellow lines have been renewed, they have extended now to being short of being outside number 4.  When WSCC Highways upgraded the Aldwick Road Traffic Lights to include pedestrian crossing, they parked their very large shipping container of equipment outside my property for 12 weeks on the double yellow lines! When I spoke to the Highways person in charge, to find out when the container was being removed, as it made my flat very dark, I was told that there was no need for the double yellow lines to be outside our properties it was safe for it to end between houses 7 and 6. It seems that the only people who are benefitting from the yellow lines is Arun District Council with the money raised in fining the motorists who live in Park Road as every night cars have to park on the yellow lines on both sides of the road.   The parking needs to be addressed, perhaps Park Road needs to be closed to through traffic to allow parking bays to be along one side only. All through traffic from Pagham to be directed at Gossamer Lane roundabout along Aldwick Road. Any other traffic can go along Silverstone Avenue It would help to make Marine Drive safer for the public and visitors to the area.

When I moved into the area the majority of the flats were Owner Occupied. Unfortunately, as they sold the buy to let market culture came in. Landlords and Estate Agents are only interested in MONEY. They do not Vet potential Tennent’s, i.e., they let Garden Flats to people who do not know one end of a Hoe from the other. They do not even go out into the gardens from one

year to the next, hence gardens become overgrown and impinge on the enjoyment of neighbouring properties. In other words, overgrown bushes which are now trees, also an eyesore. I use my garden all the time and regularly maintain it and pay for garden waste collection. At times I struggle to stay positive especially last summer when my garden had a rat problem and I was not able to sit and relax in it as I could not cope with seeing rats running along the fences and across my patio to hide amongst my flower borders, I spent a lot on rat boxes and bait. Both sides of me have overgrown gardens. I know the neighbours in flats above are fed up with having to look down on the gardens like I am living next door. We have been in touch with the letting agents who claim they will look into it and say it is the Tennent’s responsibility. So, nothing is done to improve the situation.  Unfortunately, I think the properties are let out to DHS as no one else is prepared to rent the properties. The trouble is the gardens are overgrown when the properties are viewed and people are foolish enough to take up the tenancy and improvements to garden and properties are never carried out. People should refuse to rent them, then both landlords and Estate Agents would have to pull their fingers out and get on with all improvements required.

I feel that the Estate Agents should be licensed before they are allowed to let out properties and they need to Vet the Landlords and their properties in the first place to ensure the tenant’s go into the right property for their requirements. After 6 months the property should be checked by the licensing authority, if they are not looking after the property, they should be relocated to a more suitable home. Housing associations should be housing DHS clients and not the private sector. Bring back the old council housing. The Licensed Estate Agents Register should be kept and enforced by the Local Authority just like any other Public Register and any fees collected from this service would help to fund the administration costs of the Authority.

Meanwhile us homeowners struggle to maintain our homes having to juggle our purse strings. As absentee landlords along this road could not care less about the maintenance of their property and leave it to the remaining owners/occupiers to try and stretch the funds to maintain the property. They do not show their faces or contribute, even for the building insurance unfortunately, we have one in our house, we have never met him, and another owner lives half the time abroad and does not come near the building, all very unsatisfactory and a great worry. Decisions for works are made by the remaining owners/occupiers, who often pay extra, just to complete works. Scaffolding alone, before works commence is over £1000.

Unfortunately, my own flat/home needs a lot of work done to it, to make it more user friendly and my friends would say habitable, as being a basement and a property of over a hundred years it suffers from damp, I had works carried out in 2016 but not successful.  My flat would benefit from double glazing etc. I am a Pensioner with health problems living on my own and to be honest I do not know where to start. Can I get grants, if so, how do I apply. 

These are difficult times for everybody due to the Countries Financial Crisis, with rising costs everyday for energy, food etc. Covid and Brexit have been used as an excuse to inflate the costs. My fingers are crossed that my old central heating boiler will last another season. As I do not want to commit to replacing it at this time, despite the engineer recently trying to talk me into an upgrade.

At the moment we are slowly progressing in maintaining the exterior of the, building, having painted the front and now working on the Rear. We are trying to keep costs to a minimum. We are only able to do this due to the fact that one of the owners works on a building site and therefore is used to working on scaffolding. He has given up his free time to carry out the painting, hence it is a long process depending on his valuable time at Weekends only and the British Weather.

If the drains become blocked, which happens from time to time, as owner/occupier of the basement flat, I am the only one aware of the problem as my toilet starts to gurgle. I therefore use my drain rods, not a pleasant job, but it has to be done. Each time I save the fund over £100.00. No one is ever aware of the problem. Job is done.

We the Owner/Occupiers are trying to improve our homes and the local area for ourselves to enjoy and the enjoyment of visitors to the location. We really need the full support of yourselves, the local authority who we all pay large sums to each year in the form of Council Tax. I dread to think how much you collect just from Park Road.  We could do with financial support (as these lovely Victorian Houses are money pits), as well as giving us encouragement and incentive to carry on upgrading the area for everyone’s wellbeing. This is a conservation area. The West End of Bognor Regis, which we are so lucky to be living in this lovely prime location. West End of most towns usually mean the posh end, but you are helping to downgrade it to the poorest end of the town which was always was the East End.

The only recent thing I have seen the council spend our money on which took forever to complete, which increased the costs to the authority is the fountains beside The Regis Centre, which I considered to have been a total waste of government resources especially if it came out of the pot from central government to up lift rundown coastal resorts, like Bognor Regis. It is very strange how Littlehampton where your offices are, seem to be constantly upgraded over the years and Bognor Reis sinks further into becoming derelict. Which is a great shame as it is a fantastic resort and place to live. It is also a great shame Southern Water are allowed to pollute our beautiful beach and sea from Aldwick Avenue, which I am sure has affected this year’s tourist trade to the whole of the area.

Therefore, I do not want to pay for an HMO Licence for my home which does not apply also, I do not benefit from any rents collected by the owners/Landlords in the rest of the building. I do not go upstairs as do not know the tenant’s All the flats are self-contained not sharing bathrooms or cooking facilities

When a landlord registers with a licensed Estate Agent, if the property is substandard then the Estate Agents should reject the property until the individual landlord has complied, I agree they should take full responsibility for their property, but not at the expense of genuine owner occupiers who live in the buildings. If they want the income from these buildings, then they must be enforced to maintain their property and to contribute into the house funds for the insurance etc.

Thank you for taking time to read my views on this worrying matter.

Yours faithfully” – Local flat Owner-Occupier

 

“To whom it may concern...

I live at XXXXXXX and have done for nearly 9 years. I bought the flat because of it’s original features, layout and location.

Over time I have spent a lot of money updating the tired and abused interior by installing a brand new bathroom, a new boiler and putting in a heating system, carpets, curtains, paint and I’m just waiting on having a new kitchen put in. After spending all this money I am  concerned that if you chose Marine Ward as an HMO area this will have a serious affect on the value of my property.

Since we already have 2 HMOs very local to us I am surprised that you require more. You seem to have an agenda for lowering the standards at our end of Bognor, no money out of your 12 million funding will be spent in our direction. As it is we all see drug deals happening on a regular basis and the police and ambulance attend frequently.

You seem to think that by turning Park Road into a load of HMOs that it will improve it visually, well you are wrong! Many of the owner occupiers work hard on their block by having it painted on a regular basis, this in itself is a costly affair with scaffolding costly over £1000 and then paint etc. Myself and another neighbour are able to paint our own blocks saving thousands, both front and rear as we don’t mind climbing the scaffolding. We spend a lot of money on our block as old properties need a lot of maintenance from cleaning the guttering, having the roof repaired, interior and exterior paintwork down to unblocking drains.

Sadly many of the flats along here are rented out, neither the agents nor the landlords are willing to spend out on improvements. This is the area that needs to be addressed. I know of one landlord who has never contributed to anything, not even building insurance for 18+ years, leaving others to pay the extra when they cannot afford to do so.

We have nowhere to park our cars, we put up with cars, vans, lorries and motorbikes roaring up and down our road. If you wanted to help us we would appreciate it very much if you could close our road and give us herringbone parking like they have in Brighton and Worthing.

As regards the costing of the license....do we not pay enough council tax to you. This is just a money spinning idea to generate more revenue for you – once again at our cost, no benefits. We have a close knit community here, oh I forgot to mention that we clean the grass/weeds out of our road/pavement...I have pictures to prove this too. We only want the best for Park Road and the beautiful flats we live in, it seems though that you don’t.

Kind regards” – Local flat owner-occupier

 

“Dear Sir or Madam,

 

Additional Licensing Proposals

The NRLA is a newly formed association following the merger of the National Landlords Association and the Residential Landlords Association. Our membership represents over 95,000 landlords and agents, the largest organisation in the sector. Members own and manage around 10% of the PRS, equating to half a million properties.

Thank you for the opportunity to respond to the above consultation regarding the introduction of additional licensing in Arun. The NRLA objects to the relevance of Additional Licensing schemes by Local Authorities. Although we sympathise with the aims of Birmingham City Council, we believe that Licensing does not align with the successful completion of these objectives.

The NRLA seeks a fair legislative and regulatory environment for the private rented sector while ensuring landlords know their statutory rights and responsibilities.

Main Objections

Antisocial behaviour and low housing

Landlords are usually not experienced in managing antisocial behaviour and do not have the professional capacity to resolve tenants' mental health issues or drug and alcohol dependency. Suppose there are any allegations about a tenant causing problems, and a landlord ends the tenancy. In that case, the landlord will have fulfilled their obligations, even if the tenant has any of the above issues.

This moves the problems around Arun District Council but does not help the tenant, who could become lost in the system, or worst, move towards the criminal landlords. They will also blight another resident's life.

Furthermore, the overcrowding issue is complicated for a landlord to manage if the tenant has overfilled the property. A landlord will tell a tenant how many people are permitted to live on the property and that the tenant is not to sublet it or allow additional people to live there. Beyond that, how is the landlord managing this matter without interfering with the tenant's welfare? Equally, how will the council assist landlords when this problem arises? It is impractical for landlords to monitor tenants' everyday activities or sleeping arrangements.

Where overcrowding occurs, the people involved know what they are doing and that they are criminals, not landlords. The council already has the power to deal with this.

Regarding reducing antisocial behaviour, landlords must tackle such activity within their properties; it should be highlighted that landlords and agents can only enforce a contract; they cannot manage behaviour.

Arun District Council has many existing enforcing powers that can rectify the identified problems as part of the council's housing strategy. These include:  

1. Criminal Behaviour Orders 

1. Crime Prevention Injunctions  

1. Interim Management Orders  

1. Empty Dwelling Management Orders  

1. Improvement Notices (for homes that do not meet the Decent Homes Standard) 

1. Litter Abatement Notices (Section 92 of the Environmental Protection Act 1990)  

1. Fixed Penalty Notices or Confiscation of equipment (Sections 8 and 10 of the Noise Act 1996)  

1. Directions regarding the disposal of waste (for example, Section 46 of the Environmental Protection Act 1990) 

1. Notices to remove rubbish from land (Section 2-3 of the Prevention of Damage by Pests Act 1949) 

Waste management

When tenants are nearing the end of their contract/tenancy and are moving out, they will dispose of excess household waste through various methods. These include but are not limited to putting waste out on the street for the council to collect. This is in the hope of getting their deposit back and is made worse when the council does not allow landlords access to municipal waste collection points. Local authorities with many privately rented properties need to consider a strategy for collecting excess waste at the end of a tenancy in place of selective licensing. 

Would the council consider a free/low-cost service for private landlords to remove numerous bunk items when tenants vacate the property and not dispose of such waste beforehand if such a mechanism is not already in place?

Licence fees and staff levels

With the licence fee being exceptionally high, it is understandable that landlords have raised concerns about how the council has calculated the figure to be charged should the scheme come into force. The council should have included a cost breakdown of how they calculated the licence fee structure for transparency. The council have also confirmed that inspections, after a licence is granted, will only be done on a case-by-case basis subject to a complaint by a tenant in the property. Therefore, the Part B licence fee of £323 is high as enforcement action is not guaranteed for each licenced property. Consequently, the council should consider reducing this Part B fee to take into consideration the high cost of the Part A fee, and the fact that enforcement is not confirmed for all properties during the lifetime of the scheme.

Conclusions and alternatives

The NRLA believes local authorities need a healthy private rented sector to complement the other housing in an area. This provides a variety of housing types that can meet the needs of residents and landlords in the area. The sector is regulated, and enforcement is essential for keeping criminals who exploit landlords and tenants. An active enforcement policy that supports good landlords is crucial as it will remove those who exploit others and create a level playing field. It is essential to understand how the sector operates as landlords can often be victims of criminal activity and antisocial behaviour with their properties being exploited.

The NRLA advocates using council tax records to identify tenures used by the private rented sector and those landlords in charge of those properties. Unlike discretionary licensing, landlords do not require self-identification, making it harder for criminal landlords to operate under the radar. With this approach, the council would not need to consult and implement changes immediately.

If the scheme is approved, the council should consider providing an annual summary of outcomes to demonstrate to tenants and landlords' behaviour improvements and the impact of licensing on the designated area over the scheme's lifetime. This would improve transparency overall.

The NRLA has a shared interest with Arun District Council in ensuring a high-quality private rented sector but strongly disagrees that the introduction of additional licensing is the most effective approach to achieve this aim both in the short term and long term.

Yours Faithfully” – Policy Officer, National Residential Landlords Association

 

“The National Residential Landlords Association (NRLA) exists to protect and promote the interests of private residential landlords.

The NRLA would like to thank the council for the opportunity to respond to the consultation. We are happy to discuss any comments that we have made and develop any of the issues with the local authority.

The NRLA seek a fair legislative and regulatory environment for the private rented sector, while aiming to ensure that landlords are aware of their statutory rights and responsibilities.

Summary

The NRLA believes that local authorities need a healthy private rented sector to compliment the other housing in an area. Arun has seen the development of an unhealthy situation due to policies of lack of house building which has resulted in high rents and where the those on lowest incomes have greater difficulty renting in the private rented sector. This has created more house sharing. The ability to provide a variety of housing types that can be flexible around meeting the needs of both the residents that live and those who want to live in the area is being met by landlords in the area. There are already significant challenges around shortage of housing in the Borough, and we have concerns that this will be exasperated by this policy.

The sector is regulated, and enforcement is an important part of maintaining the sector from criminals who exploit landlords and tenants. An active enforcement policy that supports good landlords is important as it will remove those that exploit others and create a level playing field. This has been lacking in Arun. We have concerns around the council’s approach to licensing, your proposal is not about inspecting properties that come under Additional Licensing. Currently the council is poor on inspections compared to comparable local authorities. Some schemes are delivering multiple inspections, up to 3 of every property during the scheme. This is not being proposed within your scheme, with your financial modelling proposed, inspections will not happen. Multiple inspections push criminals out of the sector and drives up the standards for landlords and tenants – you don’t appear to be doing this.

We understand that the council have a reactive enforcement policy, but it is important to understand how the sector operates. Landlords are often victims of criminal activity with their properties being exploited, both through subletting and criminals exploiting properties through county lines and other criminal activity.

We believe the council should adopt an approach similar to the Leeds Rental Standard, which supports the compliant landlords and allows the local authority to target the criminals. 

Having considered the evidence presented, as well knowing the area very well and having undertaken our own evaluation of the circumstances faced by landlords, tenants and residents of Arun, a number of questions are raised:

• In following Hemmings and the Gaskin court cases, and with the fee is split. Monies paid by a landlord clearly now coming under the service directive (which has been adopted into UK legislation). Can the council provide a breakdown of your costs in relation to part A and part B monies paid by a landlord and how you make sure that it is apportioned to the individual landlord and works done in connection to the license. Your part a fee is five times that of neighbouring councils, and part B is significant lower, highlighting a lack of inspections.  
• The documentation provided fails to indicate what additional funding will be available to support the expansion of licensing. Licensing will have an effect on housing especially as many tenants have mental health, alcohol, or drug related illnesses. How do landlords’ access these services to support their tenants?  Equally it will have an impact on the council delivering support services, and accommodation in the borough.
• The council fails to say how it will prevent malicious claims of poor housing being made, which could result in tenants losing their tenancies. Can this be provided and how will it operate?
• The council fails to say how the proposal will tackle rent-to-rent, modern day slavery, indentured labour, subletting, criminal enterprise/county lines or even Airbnb. These are all increasing in the county.

We would like clarification on these points so that the private rented sector has confidence in any scheme that is delivered, and it will deliver against its set aims. Equally the current proposal for fees needs to be corrected in line with the law. What is the service that a landlord can expect in line with the service directive which has been incorporated into UK law. How can the council charge such a high fee for part A compared to every other council in England.

The NRLA will judge the scheme against the criteria that the council is proposing the scheme under. We are not opposed to licensing schemes, what we wish to see is them delivered against what they are proposed to do. What we wish to know is how is the local authority going to deliver against what it is proposing. As you will be aware, the NRLA publishes data against performance. This is also proposed in the Renters Reform Bill, where councils will be judged on inspections and outcomes.

We believe that any regulation of the private rented sector must be balanced. Additional regulatory burdens should focus on increasing the professionalism of landlords, improving the quality of private rented stock and driving out the criminals who act as landlords and blight the sector. These should be the shared objectives of all the parties involved, to facilitate the best possible outcomes for landlords and tenants alike. Good practice should be recognised and encouraged, in addition to the required focus on enforcement activity. How does the local authority plan to communicate best practice to the landlord and tenants of Arun? Will Arun commit to inspect each property at least once?

Additional licensing will also introduce new social economic group of tenants into licensing. The law is clear landlords do not manage their tenants; they manage a tenancy agreement. If a tenant is non cooperative, or causing a nuisance a landlord can end the tenancy, will the council make it clear in the report that they will support the landlord in the ending of the tenancy?

Consultation

Licensing is a powerful tool. If used correctly by Arun Council, it could resolve specific issues. We have historically supported/worked with many local authorities in the introduction of licensing schemes (additional and selective) that benefit landlords, tenants and the community. From what has been presented there is still work needed to be done to make a scheme work. You introduced the one of the most expensive licensing schemes in the country and detrimentally affected the poorest the most. The government review into selective licensing highlighted how costs were transferred through to the tenants. We are disappointed that the local authority has not engaged with the NRLA to deliver a successful scheme, as other local authorities have. Equally you have not looked at other more successful schemes which have delivered better outcomes and managed to inspect all the properties multiple times for the local authority, tenants and landlords.

Costs

While any additional costs levied on the private rented sector runs the risk of these being passed through to the tenants, as has previously been established (Selective Licensing review by Government https://www.gov.uk/government/publications/selective-licensing-review). The introduction of licensing with interest rates increasing will have an impact on cash flow for many landlords.

This will also the issue of insurance is often overlooked as a cost, as premiums increase for everyone (homeowners and landlords) when a local authority designates an area with licensing it is indicating problems in the area. This will add costs to those renting as well as to owner-occupiers. Already Arun is expensive to live, and this will continue affecting those on the lowest income. A joined-up coordinated approach within the council will be required. Additional costs in relation to housing along with support services will be incurred if the council’s goal is to be achieved. Yet there is no evidence from the council that this will be done – can this be provided? How will landlords feed into system if they suspect a tenant is at risk? What support will be put in place so a landlord can support a tenancy where a tenant has mental health, alcohol, drug issues or they have problems and need support. The NRLA works with many local authorities on this.

Criminal Activity

In addition, the proposal does not take into account rent-to-rent or those who exploit people (both tenants and landlords). Landlords who have legally rented out a property that has later been illegally sublet; the property still has a license. With the council not inspecting the ability of criminals to exploit will remain. In many cases a landlord does not rent the property as an HMO but is illegally sublet. There is no license holder, and the landlord can end the tenancy (of the superior tenant, the sub tenants have no legal redress) but the landlord would need support the local authority in criminal prosecution. But what is the process for landlords, it would help if the council could document how this would work. Often, landlords are victims, just as much as tenants. What support will the council provide for landlords to whom this has happened? Will the council support an accelerated possession order? The issue of overcrowding is difficult for a landlord to manage if it is the tenant that has overfilled the property. A landlord will tell a tenant how many people are permitted to live in the property, and that the tenant is not to sublet it or allow additional people to live there. Beyond that, how is the landlord to manage this matter without interfering with the tenant’s welfare? Equally, how will the council assist landlords when this problem arises? It is impractical for landlords to monitor the everyday activities or sleeping arrangements of tenants. Where overcrowding does take place, the people involved know what they are doing and that they are criminals, not landlords. The council already has the powers to deal with this.

Tenant behaviour

Landlords are usually not expected to manage the behaviour of tenants, and they do not expect to, with the introduction of the scheme this creates more challenges for landlords and tenants. The contractual arrangement is over the renting of a property, not a social contract.  They do not and should not resolve tenants’ mental health issues or drug and alcohol dependency or ASB. If there are allegations about a tenant causing problems (e.g. nuisance) and a landlord ends the tenancy, the landlord will have dispatched their obligations under the additional licensing scheme, even if the tenant has not committed these issues. This could end tenancies for those who are innocent. This will create further problems for the induvial under the Renters Reform Bill.

Where there is a problem, it will be moved around the borough, but does not actually help the tenant, who could become lost in the system, or worst moved towards the criminal landlords. They will also blight another resident’s life. There is no legal obligation within additional licensing for the landlord to resolve an allegation of behaviour. Rather, a landlord has a tenancy agreement with a tenant, and this is the only thing that the landlord can legally enforce.

Tenancy Management

In many situations, the council should consider enforcement notices and management orders. The use of such orders would deliver immediate results.

We would also like to see the council develop a strategy that includes action against any tenants who are persistent offenders. These measures represent a targeted approach to specific issues, rather than a blanket licensing scheme that would adversely affect all professional landlords and tenants alike, while leaving criminals able to operate covertly. Many of the problems are caused by mental health or drink and drug issues. Landlords cannot resolve these issues and will require additional resources from the council.

Often when tenants are nearing the end of their contract/tenancy and are in the process of moving out, they will dispose of excess household waste by a variety of methods. These include putting waste out on the street for the council to collect. This is in hope of getting there deposit back, this is made worse when the council does not allow landlords access to municipal waste collection points. Local authorities with a large number of private rented sector properties need to consider a strategy for the collection of excess waste at the end of tenancies. We would be willing to work with the council to help develop such a strategy. An example is the Leeds Rental Standard, which works with landlords and landlord associations to resolve issues while staying in the framework of a local authority.

Current law

A landlord currently must comply with over 130 pieces of legislation, and the laws with which the private rented sector must comply can be easily misunderstood. A landlord is expected to give the tenant a ‘quiet enjoyment’ of the property. Failure to do so could result in a harassment case being brought against the landlord by the tenant. The law within which landlords must operate is not always fully compatible with the aims of the council. For example, a landlord keeping a record of a tenant and how many people are entering the property could be interpreted as harassment. This will be include monitoring sleeping arrangements.

Changes to section 21

We would like clarification on the council’s policy in relation to helping a landlord when a section 21 notice (or future notice as currently being consulted upon under the Renters Reform Bill) is served. If the property is overcrowded or the tenant is causing antisocial behaviour, as per what the council says in the consultation. What steps will the council take to support the landlord? It would be useful if the council were to put in place a guidance document before the introduction of the scheme, to outline its position regarding helping landlords to remove tenants who are manifesting antisocial behaviour.

The change to how tenancies will end and a move to a more adversarial system under the Renters Reform Bill, will mean landlords will become more risk adverse to take tenants that do not have a perfect reference and history. This will place a greater burden on homelessness and affordable housing in the borough, where there is already a shortage.

We would be willing to work with the council and develop a dispute resolution service which we have with other local authorities. It also poses a question where does the council expect people to live who have been evicted due to a tenancy issue.” - National Residential Landlords Association

 

"Dear Sirs

HMO - Licensing Consultation

Thank you for your recent correspondence regarding the above.

I am against anymore properties being divided up into HMO's especially in the Town Centre. Our town centre is crying out for a more diverse "shopping experience" and not more HMO's. The town centre is not very attractive for visitors and, indeed, residents and this will kill the town off. My parents who have lived in Littlehampton all their lives do not even come into the town centre anymore preferring to go into Rustington where the shopping experience is more attractive to them. My mother, in particular, finds it quite off putting coming into the town on her own as she does not feel particularly safe when there are certain people openly drinking/taking drugs on the street. I myself am beginning to feel the same way.

I am for those HMO's we have already/will be getting having to have an additional license but as stated above I do not want to see my town and surrounding area being overrun with HMO's.

The town centre has undergone extensive repaving and planting of trees etc. which looks lovely but what is the point if we have no shops! I want to go into the town to see a selection of shops, not just barbers, nail bars, vape shops and charity shops. We have to bring in a more diverse selection and encourage people into the town where there is something different not just the same old, same old. The Friday "market" is not going to bring people into the town. The market needs a total overhaul and we need a proper "farmers market". Three or four shabby stalls does not make a market!

Also, we need more affordable housing for couples, young families not just single people sharing a kitchen/bathroom, i.e. bedsits.

As stated above, I urge the council not to grant planning permission for anymore HMO's in our town. The old Lloyds bank will be the next up for conversion and I hope that the council will deny this lovely old building the same fate as Barclays Bank.

Yours faithfully" - Local Resident