Issue details

Further Regulation of Houses in Multiple Occupation - Additional Licensing and Article 4 Direction

Cabinet considered a report introduced by the Deputy Mayor, Councillor Glynn Jones, which provided details of the outcome from a public consultation regarding proposals to increase regulation of Houses in Multiple Occupation (HMOs) in parts of central Doncaster, to reduce the impact these properties cause on surrounding residents.  

 

The Deputy Mayor reported that over the past 5 years there had been a large increase in the number of small HMOs in some parts of Doncaster. This was causing concerns to communities because of Anti-Social Behaviour, changes in the feel of the area and removal of much needed larger properties for family housing. It was noted that HMOs were a very small part of the overall housing stock but contributed to a large proportion of complaints received by the Council. 57% of HMOs Borough wide had generated complaints in the last 5 years. The comparative figure for single let properties is 9.4% attracting complaints. In some areas the impact was even greater, with 85% of HMOs in Balby North attracting complaints. Larger HMOs were already licenced and these properties tended to cause less complaints.

 

It was noted that a 3 month public consultation had taken place between October 2017 and January 2018 on two options to increase regulation of this type of properties, as follows:-

 

1.     Additional Licensing could be introduced under the Housing Act 2004. It was a similar power to Selective Licensing but would apply only to properties that were managed as HMOs. It would make sure all smaller HMOs reached a certain safety standard and that landlords took steps to reduce Anti-Social Behaviour from tenants.

 

2.     An Article 4 decision could be introduced under the Town and Country Planning Act 1990. It would ensure any new HMO conversion had to gain planning approval. This gives the Local Authority chance to say no, or impose conditions such as sound insulation to prevent problems occurring in the future.

 

It was reported that public consultation was undertaken in the form of letters to all residents and property owners, 4 community events and 2 landlord events. Events held were well attended and over 200 written responses were received. Most respondents reported concerns about their local area and the majority felt that refuse/fly tipping/litter, parking, neglected properties and people not treating others with respect were major issues in their neighbourhood.

 

There was overwhelming support from the respondents for introducing both an Article 4 Direction and an Additional Licensing Scheme with only 7% objecting to the proposals.  Nearly 50% of the landlords responding to the consultation also expressed their support.

 

The report therefore seeks to:

 

a)    Approves the implementation of an Additional Licensing Scheme for the area shown edged red on Map 1 in the report; for the period of 5 years; for properties meeting the definition of a HMO in accordance with the Housing Act 2004; and where each property has 4 or more occupiers.  The scheme would be operated as a co-regulation scheme together with an approved partner. 

 

b)    Approves the making of an Article 4 direction for the area shown edged red on Map 2 in the report; to be formally consulted upon and to delegate the Director of Regeneration, in consultation with the Cabinet Portfolio Holder for Communities, the Voluntary Sector and Environment and the Cabinet Portfolio Holder for Business Skills and Economic Development, the authority to confirm the Article 4 direction subject to there being no objections which cannot be satisfactorily addressed by the Council.

 

c)     To approve the fees as described in Appendix 6 to commence from the introduction of the scheme.

 

The Deputy Mayor explained that it was a more complex to process a HMO licence than a selective licence, so the cost per application would be £800 for up to 5 bedrooms or £270 if applying through Home Safe. However, it was noted that the average rent for a 5 bed room HMO was substantially higher than the average family property, which meant the impact on landlords of the licensing fee should be lower than for recent Selective Licensing schemes.

 

It was further reported that the implementation process for Additional Licensing was the same as for a selective licensing scheme. If a decision was taken to introduce a scheme it would come into force after a 3 month notice period. It would take longer to implement Article 4 with 12-month formal notice required.

 

Councillor Joe Blackham, Cabinet Member for Highways, Street Scene and Trading Services was fully supportive of the report and welcomed the proposals coming forward.

 

As someone whose ward is affected by HMOs, the Deputy Mayor, Councillor Glynn Jones emphasised the need to increase regulation of HMOs, which would help to reduce crime and anti-social behaviour in communities.

 

Decision type: Key

Decision status: Implemented

Decision due: 5 Jun 2018 by Cabinet

Decisions

Agenda items