Meeting documents

The Cabinet Member for Housing; Councillor Mrs Langley and the Housing Service Manager, Brian Daly were welcomed to the meeting. 

It was noted that the recommendations of the Houses in Multiple Occupation Task and Finish Group had been submitted to Cabinet in February 2015.  It was reported that since that time the Chairman of the Commission and the Cabinet Member had maintained contact on the work being undertaken on the recommendations.  The Cabinet Member confirmed that following the HMO Task and Finish Group recommendations the Government issued a technical discussion paper on extending the mandatory of licensing of houses in multiple occupation.  The Governments proposed legislation following the consultation was expected in 2017 however no information had been released. 

The Cabinet Member confirmed that a decision had been taken to delay going ahead with the recommendations of the HMO Task and Finish Group until the outcome of the Government legislation was known.  There was concern at the financial impact of any proposed legislation and it was through no fault of the officers or Members that any recommendations had not yet been implemented.  The Cabinet Member went on to give her thanks again to all who had taken part in the HMO Task and Finish Group.

Brian Daly then provided an update on any work that had been undertaken regarding the recommendations.  He noted the following:

·         A Housing Condition Survey would need to be completed when the mandatory licensing of HMO’s comes into force in 2017 to enforce the new licensing regime.

·         The recommendation for additional licensing may need to be reviewed once the impact of the extension to include all HMOs with 5 persons or more regardless of the number of storeys has been evaluated.

·         Due to the Government’s proposed mandatory licensing the recommendation regarding a Supplementary Planning Policy would no longer be applicable.

·         The Council has considered the potential for additional resources required regarding the extension of the mandatory licence scheme during the budget setting and cost would be met from the Corporate Contingency.

·         The requested work up of the detailed scheme regarding the recommendations from Cabinet Members has been superseded by the Governments response to the HMO consultation.

It was noted that no information had been released from the Government regarding the HMO legislation since October 2016.   It was expected that the legislation would be confirmed in 2017 but as yet nothing had be received.

Members received clarification on a number of points and noted the following:

·         A ‘desktop’ survey of properties would initially be undertaken using information already held on file by the Council.  Then a ‘door knocking’ exercise could be required to obtain detailed information.  Ward Members would also be encouraged to share any information known regarding HMOs in their areas.

·         Currently HMOs were considered as 5 or more households in 3 stories or more.  It was estimated that there were currently 2,000 HMOs in the district.  The Government were expected to change the legislation to include properties less than 3 stories and would also include premises above shops. 

·         It was suggested that a pilot scheme could be undertaken before the Government released its new legislation however there was uncertainty regarding much a survey would cost with regards to resources. 

·         Properties with elderly relatives living with families would not be considered as a HMO as figures were based on households rather than individuals.

·         Regulations would need to be considered regarding HMO enforcement.  It was noted that sub-letting was an issue; however the Council did prosecute landlords if they were found to be sub-letting Council properties.  Work would be undertaken with registered providers to meet standards required.   Members were encouraged to share any information regarding suspected sub-letting in their areas.

·         The Portfolio Advisory Group had considered the questionnaire sent by the Government which had been returned in 2016.  Legislation had not yet been received.

·         Enforcement was undertaken under the current HMO regulations and action was taken against a landlord if they do not hold a required HMO.  Under the proposed Government mandatory licensing regime additional resources may be required.

·         It was noted that any funds received from fines regarding licensing enforcement must only be used for licensing/enforcement.

·         Landlords would be expected to know any legislation regarding HMOs and guidelines were available.  A recent survey had been sent to landlords to make them aware of the legislation changes.  However some landlords choose not to be involved.  It was noted that if there were any issues regarding homeless households arising from the new legislation then the Council had procedures in place to deal with this matter

The Chairman thanked the Councillor Mrs Langley and Brian Daly for attending the meeting. 

It was noted that the Council was waiting for Government legislation to be released however it was suggested that work could begin on a register of HMOs compiled using any ‘desktop’ information currently on the Council’s system.  The Cabinet Member for Housing agreed that this course of action would be investigated.  Also it was requested that information from Members be fed through to officers on any known HMOs in their areas.

RESOLVED:  That the Improvement and Review Commission note the update and actions being taken in relation to the recommendations made by the HMO Task & Finish Group.