Additional legal powers in the Renters' Rights Act help control HMO by increasing enforcement powers and supporting tenant rights, but the council’s licensing obligations remain the same.
The new legal powers in the Renter’s Rights Act come into force in May but the legislation still means that local authorities cannot refuse to licence HMOs who meet the legal requirements. An HMO will require a licence from the council if it is occupied by 5 or more tenants from 2 or more households where they share facilities.
Councillor Angela Page, Executive Councillor for Public Protection and Enforcement said, “It is important to be clear that the council cannot use HMO licensing to control where HMOs are situated, nor determine whether a property operates as an HMO. Work is already underway to prepare for new enforcement powers the council will receive when the Renters’ Rights Act fully comes into force in May and we will not hesitate to use these as appropriate.”
The council is actively preparing to implement new ways of working to regulate the sector, with better rights for tenants, increased enforcement powers where landlords and property managers fall short of the acceptable standard and the requirement for landlords to register on a national database all being part of the new legislation.
Already the council has used its planning powers in 2022 to ensure that all proposed HMOs require planning permission, using an Article 4 directive, and where HMO’s are established mandatory licensing regulate the minimum standards of the property.
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