Selective Licensing Scheme

The Council’s Selective Licensing Sheme aims to improve private rented accommodation by ensuring that all private rented property within the designated area is managed to a satisfactory standard prior to a licence being granted. The improvements made to private rented accommodation will ensure homes are safe and free from serious hazards which will have a positive impact on the health of the tenants.

The scheme came into effect on 12 September 2017 and will last for 5 years.

The scheme requires all landlords who privately rent out properties in a designated area within Anglesey ward to obtain a licence from the council. The following area is affected:

Designated Area

Streets

What is Selective Licensing?

Selective licensing is a tool available under the Housing Act 2004 which gives Councils the power to require residential landlords to obtain a licence in order to let property to tenants within a designated area. Its aim is to improve the quality of life for all in the area by ensuring a consistent high standard of management of private rented homes which thus make a positive contribution to the area.

It can be used to tackle problems in areas or parts of an area caused by poor property standards, anti-social behaviour, low housing demand, migration, deprivation and or high levels of crime. If introduced it means that landlords who rent out properties in an affected area are required to obtain a licence from the council for each of their properties within the designated area. The following benefits are anticipated:

  • Higher standards of management by ensuring landlords and agents are clear about their responsibilities
  • Better housing conditions and a reduction in overcrowding
  • Improved image and perception of the area making it a more desirable place to live
  • Improved ability for landlords to deal with rogue tenants
  • Reduction in crime and anti-social behaviour
  • Improved waste management/reduction in overgrown gardens
  • Increased number of landlords that are part of an accreditation scheme

How does it work?

All private landlords with residential property within the designated area will need to apply for a licence for each property. In order to become a licence holder they must be a fit and proper person and must declare certain convictions or breaches of certain laws. This means a landlord has to meet a certain standard before they can legally rent out a property, this includes showing basic safety checks have been carried out and that they have appropriate management arrangements in place. 

Application for a Selective Licence

The introduction of Selective Licensing will be completed in 3 phases. Letters will be sent to the following areas requiring applications to be sent in after the stated dates:

First phase- applications requested from 12 September 2017:

  • Broadway Street  -    DE14 3NB
  • Queen Street  -         DE14 3LR
  • Wood Street -           DE14 3AB

 Second Phase- applications requested from 12 November 2017:

  • King street   -     DE14 3AE, DE14 3AG, DE14 3AF
  • Royal Court King Street - DE14 3AF
  • Branston Road - DE14 3BT, DE14 3TW, DE14 3BY, DE14 3BS, DE14 3BD, DE14 3GP
  • All Saint Croft – DE14 3EA, DE14 3GP

Third Phase- applications requested from 12 January 2018:

  • Watson Street – DE14 3AH
  • Bailey Street - DE14 3AN
  • Trent Street – DE14 3AP
  • Rose Cottage Gardens  - DE14 3AQ
  • Rose Cottage Close – DE14 3AS
  • Blackpool Street – DE14 3AT, DE14 3AW, DE14 3AR, DE14 3AL.

Who needs to apply?

All landlords (unless exempt) who rent out a property in the designated area will require a licence.

Are there any exemptions

Properties with a mandatory HMO licence are exempt. There are also a number of other circumstances which mean you do not have to apply for a licence.  Please see link for a full list of exemptions http://www.legislation.gov.uk/uksi/2006/370/pdfs/uksi_20060370_en.pdf.

Failure to comply

Failure to comply with any of the conditions of the licence could lead to a financial penalty of up to £30,000. In this situation the council would consider whether to revoke the licence and make a Management Order taking over the management of the property. 

It is also a criminal offence to let a privately rented property in a designated area without a licence and failure to apply for one could lead to an unlimited fine or a civil penalty of £30,000.  It is also a criminal offence to make a false statement in an application for a licence or fail to comply with any condition of a licence. 

How to apply

To apply for a Selective Licence, please download the application form and application guidance below.  The guidance document will help you complete the form and also explains how you can submit your application once completed.

How to pay

Once an application has been received an invoice for payment will be sent to the landlord which will be calculated based on the type of the property and any eligible discounts as detailed below. Please DO NOT send a cheque with the application form as this will not be processed.

Fees

Property/ Licence Type Standard Fee Accredited Landlord discount Introductory Discount (1) Multiple property discount (2)
Single Property £450 - £50 - £100 - £50
House in Multiple Occupation (not subject to mandatory HMO licence) £550 - £50 - £100 - £50

(1) for complete applications received within 6 weeks of the required application period for the property based on the phase

(2) applies for the cost of the second and subsequent properties

Licence Conditions

Licence conditions are attached to each licence which relate to the management of the property. Under the terms of the Housing Act 2004, several conditions are also mandatory.

They include:

  • A gas safety certificate must be obtained annually and produced to the council (if there is a gas supply to the house)
  • Electrical appliances and furniture supplied by the landlord must be kept in safe condition
  • Smoke alarms must be installed in the house and should be well maintained
  • The licence holder must supply the occupiers with a tenancy agreement
  • The licence holder must demand references from prospective tenants 

These conditions mean that landlords will have to upgrade currently unsafe or unhealthy properties and will enhance the protection available to tenants. In addition to the mandatory conditions the council has attached local conditions which are available here. These conditions will be monitored by the council to ensure they are being complied with. 

Temporary Exemption Notices

Application can be made for a Temporary Exemption to licence a property within the Selective Licensing Area under Part 3 of the Housing Act 2004.

The fee for a Temporary Exemption Notice is £50 which is valid for 3 months.

Temporary exemptions can only be applied for if you are in the process of returning the property to owner occupation.

A landlord can apply for a Temporary Exemption notice where they intend to take steps to ensure that the house does not require a licence. For Example: 

  • Where there is a sale agreed to someone who intends to live in the property themselves
  • Where the owner is moving back into the property
  • Where the property is undergoing current conversion works to change the use into a commercial premises 

You cannot use a Section 21 Notice to evict tenants from a property that is subject to licensing, if you do not have a licence. 

To apply for a temporary exemption notice please contact us for an application form.

Enforcement

The council has a Housing Enforcement team which utilises a wide range of tools to tackle poor property condition, inadequate tenancy management and improve conditions in the private rented sector.

These are detailed within the Housing Enforcement Policy

As part of a coordinated approach, Selective Licensing will compel landlords to maintain good standards and raise the profile of problem properties that have gone unnoticed previously. Through the increased awareness amongst the community and across agencies, Selective Licensing will become a valuable mechanism for identifying and dealing with bad practice amongst private landlords and assist landlords to meet their obligations for tackling anti-social behaviour caused by tenants.

A comprehensive database is being developed of the private rented sector within East Staffordshire and it is envisaged that by introducing Selective Licensing in the proposed area, it will strengthen this system. 

Supporting Documents

Selective Licensing Consultation Report

Public Notice

Selective Licensing Policy

Contact us

If you have any questions or would like help completing your application for Selective Licensing, you can email selectivelicensing@eaststaffsbc.gov.uk or telephone 01283 508523.