Why must HMO's be Licensed?
The people who live in HMO's are amongst the most vulnerable and disadvantaged members of society. As HMO's are the only housing option for many people, the Government recognises that it is vital that they are properly regulated. Local authorities have procedures to assess personal fitness of licence-holders, management standards and whether a property is suitable for the number of occupants living in it and whether there is adequate facilities. This enables authorities to consider discomfort and inconvenience as licensing issues.
What is the Criteria for a Licence to be Granted?
A local authority must be satisfied that:
- That the proposed licence holder and any manager of the property is a fit and proper person
- That the proposed licence holder is the most appropriate person to hold the licence
- That property management standards are being applied at the property
- Properties are suitable for occupation by the number of people allowed by the licence.
- That the property has at least the minimum prescribed standards of amenities and facilities (the number, type and quality of shared bedrooms, toilets and cooking facilities).
The licensing application form contains questions which enable the local housing authority to decide whether or not the landlord and the property meet the criteria and can be given a licence.
Council's can identify and support landlords, especially with regeneration and tackling anti-social behaviour.
Where landlords refuse to meet these criteria the Council can intervene and manage the property so that:
- Vulnerable tenants can be protected
- HMOs are not overcrowded
- HMO standards are in place