3 years after HMO licences became compulsory - source

Many landlords across England are still operating illegally and not even applying for a licence

Rogue landlords could be slipping through the net because an estimated 35,000 houses in multiple occupation remain unlicensed three years after licensing became compulsory.

Inside Housing has learned that the Building Research Establishment will estimate next month that 56,000 of the 236,000 to 379,000 HMOs in England are subject to mandatory licensing. But according to Communities and Local Government department figures, councils have only received 31,345 applications for mandatory HMO licences since April 2006. Only 21,688 have been issued.

More than half of all licensable HMOs, nearly 35,000 in total, therefore remain unlicensed three years after the law came into force.

All landlords without licenses are operating illegally and could face fines of up to £20,000.

The Housing Act 2004 requires landlords with HMOs of three or more storeys housing five or more tenants in two or more households to licence their properties.

Jacky Peacock, executive director of Brent Private Tenants' Rights Group, slammed the issuing of licences as 'lamentably slow' and the system as 'totally ineffective'.

Chris Norris, project manager for the National Landlords' Association's policy team, said: 'Those landlords that really do need to be targeted are going to be the last to be licensed because they are not going to proactively. seek out the local authority.'

Richard Tacagni, head of function (housing) at Local Authorities Co-ordinators of Regulatory Services, said the system was working and that councils were pursuing a 'steady stream of prosecutions'. But he added: 'There is always more that can be done.'

Liverpool Council has granted 652 of 672 applications received. It has not refused any licences but has pursued 12 prosecutions and issued five cautions. Council business manager Peter Elles said Liverpool had introduced a 'very robust enforcement policy' at landlords' request.

But with an estimated stock of 1,250 licensable HMOs, Mr Elles admitted the city had 'some way to go'.

Sheffield Council has issued 406 of 1,638 licence applications since July 2006. The local authority only agreed its standards for landlords this month and now hopes to issue more than 50 licences per week and start prosecutions by the end of the year.

A spokesperson for Leeds Council, which has dealt with 18 per cent of all HMO applications in the country, said the authority was issuing licences to all landlords who completed the application form properly and then inspecting properties to ensure the criteria was being met.

A CLG spokesperson said: 'We are working closely with councils and will shortly be issuing more guidance on the HMO licensing provisions.'

More news

Illegal landlords face prosecution - Source

by Evadney Campbell

Houses with multiple occupants and which are run by illegal landlords are on the increase. Now, the authority is determined to stamp it out. Houses with multiple occupants (HMOs) run by illegal landlords are on the increase and Vroydon Council is determined to stamp the practice out.

In recent weeks, several of these houses have caught fire as a result of faulty electrical wiring.  Eight people narrowly escaped from one house in Thornton Heath with their lives when, the property they were living in, was gutted by a blaze.

"If we find a situation like this particularly where there have been a fire, then most likely the council will prosecute" Cllr Dudley Mead

Now the council is appealing to anyone renting a property in unacceptable conditions to report it to the authority. Cabinet members are also calling on neighbours to notify them if they suspect houses in their roads are being used for multiple occupancy.

The problem

The council monitors 340 licensed HMOs across the borough but, estimates there are at least half this many again that are unregistered.  In the past two years alone, it's discovered 230 new homes with multiple occupancy.

"We're not trying to stop legitimately licensed properties.  HMOs play an invaluable role in housing provision, especially for single households who can't afford to rent one bedroom flats".  says Cllr Dudley Mead, cabinet member for housing.

But, he goes on to warn that the authority will not hesitate to prosecute and, that if someone were to die in an unregistered property, the landlord could be faced with manslaughter charges. " If we find a situation like this, particularly where there have been a fire, then most likely the council will prosecute," warns Cllr Mead.

Even more news

Landlord 'unfit' to manage homes - Source

Three privately-owned houses in Aberystwyth will be run by a council for the next year after it ruled a landlord was "unfit" to manage them.

Ceredigion council refused to register the houses, which are occupied by tenants, because safety regulations were breached. Rent from the properties will go to the council for the next 12 months. Solicitors on behalf of landlord Emyr Davies said he was disappointed with the local authority's decision.

The council said it had served "interim management orders" on three homes owned by Mr Davies. He had applied under local government regulations to register the homes as houses in multiple occupation (HMO).

'Fit and proper'

The application was refused because he breached safety regulations. A spokesman for the council's environmental health and housing department said in a statement: "The county council has received applications from the present owner to licence the properties as HMOs. "The applications will be refused by the county council on the grounds that the applicant is not deemed to be a 'fit and proper person'.

"The county council is satisfied that there is no reasonable prospect of the properties being licensed to the applicant as HMOs in the near future."

Godwins solicitors on behalf of Mr Davies said an application for HMO licences had been lodged with the council. A spokesman added: "In the meantime, efforts are under way to break the current impasse and Mr Davies is naturally disappointed the council has taken this step at this time.

"The step taken by the council is of no relevance to Mr Davies' financial situation, which is still strong."

Other news sources

Environmental Health News