HOUSES IN MULTIPLE OCCUPATION (HMO) STRATEGY 2009 - … · Some houses in multiple occupation...

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HOUSES IN MULTIPLE OCCUPATION (HMO) STRATEGY 2009 - 2014 This strategy sets out what the Council will do to make sure houses in multiple occupation are safe and meet the legal requirements that apply. If you have any questions about the strategy or need a copy in another format please telephone 01782 742543.

Transcript of HOUSES IN MULTIPLE OCCUPATION (HMO) STRATEGY 2009 - … · Some houses in multiple occupation...

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HOUSES IN MULTIPLE OCCUPATION (HMO) STRATEGY

2009 - 2014

This strategy sets out what the Council will do to make sure

houses in multiple occupation are safe and meet the legal

requirements that apply.

If you have any questions about the strategy or need a copy

in another format please telephone 01782 742543.

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Contents Page Summary of the strategy 3

Introduction 4

Strategic Framework 6

A profile of HMOs in the Borough of Newcastle under Lyme 9

What will we do? 10

Resources 15

Monitoring 15

Review 16

Consultation 16

Enquiries 16

Appendix 1 – Prioritisation of HMOs

Appendix 2 – Mandatory Licensing Procedures

Appendix 4 – HMO Strategy Action Plans

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1. Summary of the Strategy This document sets out Newcastle Borough Council’s strategy to maintain and improve the standard of private sector houses in multiple occupation. The Houses in Multiple Occupation (HMO) Strategy links with the Corporate Plan, Housing Strategy and Private Sector Housing Renewal Policies. Good partnership working with other service areas of the Council and with external partners as well as co-operation with private landlords and tenants is vital to ensure the success of the Strategy. The Government supports local authority action to improve the quality of private rented housing. The Housing Act 2004 introduced a number of provisions relating to HMOs, for example, the Housing Health and Safety Rating System (HHSRS), the licensing of high risk HMOs and the power to take over the management of properties. The number of HMOs within the borough fluctuates constantly. The majority are two-story properties and each year many of these change from multi-occupancy to single occupancy, or visa versa. The number of licensable HMOs also fluctuates as properties change hands and occupancy numbers change. In 2009 the total number of HMOs in Newcastle Borough was approximately 400. The majority of these are two-storey houses shared by students but the Council is aware of 25 three storey HMOs of which 17 require a Licence. The objectives of this strategy will be achieved by engaging in a positive dialogue with private landlords and tenants, and using the following tools: Attached to the strategy is an action plan that sets out specific and measurable targets for the achievement of the objectives and the person responsible for taking the appropriate action.

HMO Intelligence Prioritisation and Inspection Licensing Working in partnership North Staffordshire Landlords’ Accreditation Scheme Information and advice Promotional activities Newcastle Private Rented Sector Focus Group Financial assistance Enforcement

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2. Introduction

Poor and unsuitable housing can have a detrimental effect on the safety, health and wellbeing of occupants particularly those in vulnerable groups. Some houses in multiple occupation (HMOs) present a higher risk to safety and health of the occupants than other homes, particularly with regard to injury from fire. The Government has therefore widened the definition of what it regards as a HMO and introduced a Mandatory Licensing Scheme for certain types of HMO. It has also introduced regulatory requirements specific to multi occupied properties.

2.1 Scope of the strategy: What is a HMO? If a landlord lets a property which is one of the following types it is a House in Multiple Occupation:

an entire house or flat which is let to three or more tenants who form two or more households and who share a kitchen, bathroom or toilet

a house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to three or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities

a converted house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by three or more tenants who form two or more households

a building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies

in order to be an HMO the property must be used as the tenants' only or main residence and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges

2.2 Why have a strategy? Houses in multiple occupation pose the greatest risk to the health and safety of occupiers and often pose the greatest management challenges. In particular multi occupancy often presents a higher risk of fire, overcrowding or lack of amenities than single occupancy:

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Fire risk – Several unrelated occupants are less likely to know each others whereabouts than a single family and may also have less concern for each other’s welfare. The risk from fire may also increase when there are more floors in a building, as the distance any occupant must travel to escape fire is greater.

Overcrowding – The Operating Guidance to the Housing Health and Safety Rating

System states that problems relating to lack of space and privacy may be compounded in HMOs.

Shared facilities – There is a need for the adequate provision of kitchen and

bathroom facilities for the number of occupants, without causing general inconvenience or compromising the health or safety of the residents.

Houses in multiple occupation are often the lowest cost accommodation in the private sector. As such they may be occupied by tenants that are vulnerable due to low income or for other reasons. Vulnerable tenants may be least empowered to make choices about their own housing or to influence improvements to their accommodation.

2.3 Aims and objectives of the strategy The key aim of the strategy is to maintain and improve the standard of private sector houses in multiple occupation within the Borough of Newcastle-under-Lyme.

To achieve this the following objectives have been identified;-

To develop intelligence on the number, location and condition of HMOs within the borough

To educate and inform the owners, landlords and agents of HMOs about the expected standards through an open forum, training events, a newsletter and information on the website

To educate and inform tenants about their rights and responsibilities through work with Keele University Student’s Union, literature and information on the website

To meet the legislative obligations for HMO licensing under the Housing Act 2004

To identify and eliminate category 1 hazards within HMOs

To ensure compliance with the statutory management standards for HMOs

To work in partnership with adjoining authorities to ensure consistency of standards and enforcement.

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3. Strategic Framework

This Strategy and its key components have been developed to reflect national, regional and local housing strategies and policies.

3.1 National Context

“Private rented housing is a vital and growing part of the housing market.” (DCLG 2009)

National Government views the private rented sector as a useful resource and envisages that it will have an important role in meeting housing demand in the future. It wants to strengthen the private rented sector through improved standards of the quality of its properties and landlords' management of those properties and tenancies (DCLG 2009). 3.1.1 Housing Act 2004 The Housing Act 2004 and associated regulations introduced a number of new provisions that impact on HMOs:

The Housing Health and Safety Rating system – This is a method of rating health and safety hazards within dwellings. The Council has a legal duty to take action when category 1 (serious) hazards are identified and may choose to take action when category 2 (less serious) hazards are found.

HMO licensing – this applies to higher risk HMOs – those of three storeys with five or

more occupants and two or more households. Landlords of a HMO that falls within these criteria must to obtain a licence from the local authority. Failure to license is a criminal offence subject to a maximum fine of £20,000.

Additional and selective licensing – of privately rented accommodation in order to

help address either low-demand housing or anti-social behaviour. Provisions for local authorities to make Management Orders (Interim and Final) in

respect of certain premises and in particular when a HMO ought to be licensed but there is no realistic prospect of it being licensed. Empty Dwelling management Orders were also introduced to deal with empty dwellings in particular circumstances.

Various other provisions – including tenancy deposit schemes to ensure good

practice in deposit handling and to assist with dispute resolution. The Management of Houses in Multi Occupation (England) Regulations 2006, made under the Housing Act 2004 set out the management standards for all HMOs. The Licensing and Management of Houses in Multi Occupation (Additional Provisions) (England) Regulations 2007 set out the duties of a HMO manager relating to the management of HMOs.

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The Licensing and Management of Houses in Multi Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 made some clarifications and prescribed standards for the suitability of a HMO for multiple occupation. It also set out the details of the local authority register of licensed HMOs.

3.2 Regional Context The West Midlands Regional Housing Strategy 2005 stresses the importance of everyone in the region living in a decent home that meets their needs, at a price they can afford and in sustainable locations. The Government Office for the West Midlands, recognises the importance of the private rented sector in meeting a wide range of needs, such as temporary accommodation and accommodation for people in intermediate tenure

3.3 Local Context 3.3.1 Council’s Corporate Plan The future priorities for the Borough are contained in the Corporate Plan 2007-8 to 2011-12. This Strategy has a particularly important contribution to meeting the priorities outlined in the Corporate Plan. In particular;-

Creating a Cleaner, Greener and Safer Borough - The Council aims to ensure people are, and feel, safe in their own homes and that the built environment is protected and enhanced. Safety in houses in multiple occupation is considered by the Housing Health and Safety Rating System. Regulations concerning management and licensing also contribute to ensuring the safety of HMO tenants.

Creating a Healthy and Active Community - The Council aims to ensure access to a range of good quality homes. Houses in multiple occupation, when safe, well managed and in good condition provide a type of housing which cannot easily be replaced. They traditionally provide housing for more vulnerable groups and consequently should be closely controlled to avoid unsatisfactory housing.

Transforming our Council to achieve excellence - Working in consultation and partnership with other relevant people and organisations will deliver improved services relating to HMOs.

Creating a Borough of opportunity - The availability of accommodation in good quality houses in multiple occupation will contribute to the availability of labour to new employers in the area. Property management is a form of employment in itself. By working in cooperation with landlords the Council can encourage and promote standards in HMOs.

3.3.2 The Housing Strategy 2005-2010 This strategy identifies 5 strategic objectives to achieve our Housing Vision. The objectives relevant to this strategy are:

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To improve the sustainability of the local housing market. - Efficiently managed HMOs can help meet some of the need for affordable housing and can contribute towards the creation of inclusive and sustainable communities..

To meet the Decent Homes Standard by improving the condition and energy efficiency of homes across all tenures - Ensuring Management standards and the quality of HMOs are maintained

To provide a greater choice of housing in response to residents needs. - HMOs are a small but important tenure particularly for those requiring short term accommodation

3.3.3 The HMO strategy links with the Private Sector Renewal policy The Private Sector Renewal Policy sets out the assistance that the Council will make available to meet its strategic aims:

Advice and information provided by the Council assists HMO landlords to understand and act on the legal requirements and best practice for HMO management.

The Accredited Landlord Grant provides a 50% contribution towards the cost of work towards the Decent Homes Standard up to a maximum of £2,000. The grant is available to all landlords that are members of a landlord accreditation scheme and acts as an incentive for landlords to be proactive about maintaining standards.

Heating and Insulation Schemes: The Council also promotes schemes offering assistance for heating or insulation improvements through its Warm Zone scheme. These can be accessed by tenants of HMOs, thereby reducing the cost to landlord of installing these measures. Owners of HMO’s can apply for the discounted rate for improvements.

4. A profile of HMOs in the Borough of Newcastle-under-Lyme

The Council commissioned a housing condition survey in 2008 that included an in depth report on the condition of HMOs within the borough. The results of this survey provide a profile of HMOs that informs this Strategy. Within the Borough of Newcastle-under-Lyme there are 44042 private sector dwellings, of which 7.9% are rented. The proportion of private sector dwellings that do not meet the Decent Homes Standard is 38.2%. This compares with a national average of 37.5%. The proportion of private sector dwellings with category 1 hazards is around 6% lower in the borough than the rest of the country. Between 2002 and 2007 average SAP ratings within the borough have increased from 49 to 65 and the proportion of properties failing the old fitness standard reduced from 3.9% to 3.2%.

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Newcastle under Lyme Borough Council believes that there are around 300 private sector HMOs within the borough. The vast majority of these are 2-storey properties. These HMOs are concentrated in particular wards as shown in the chart below. There are less than 40 private sector 3-storey HMOs in the borough and half of these fall within the criteria for mandatory licensing.

The targeted HMO survey found that the majority of HMOs were occupied by single, unrelated people under 25 who had lived in the property for less than 1 year. It is believed that most of these will be students. Data in the HHSRS Operating Guidance shows that the probability of a fire in a shared 2-storey house is the same as in a house occupied by a single household. Increased risk of fire is however likely when there is an unusual layout or the occupants are in a high risk group (e.g. drug/alcohol dependency or limited mobility). The survey found that 58.5% HMOs contained category 1 hazards when assessed using the Housing Health and Safety Rating System. This is significantly higher than the borough average of 18.6% but the hazard profile is dominated by three hazards:

1. Fire hazards (36.9%) 2. Falls on stairs or steps (27.7%) 3. Crowding and space (23.1%)

In contrast with these category 1 hazards the HMOs generally exhibited compliance with the Decent Homes Standard that was comparable with the borough mean. Energy efficiency was also comparable with the borough average but the survey found that about 90% of HMO tenants were in fuel poverty. This is likely to be a product of very low student incomes and rising fuel prices. A similar percentage reported that they were quite satisfied or very satisfied with their accommodation.

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5. What will we do?

The Council’s approach to dealing with HMOs has been one of positive intervention and encouragement, involving a dialogue with the private landlords exploring all opportunities of support – offering information on legislative requirements, advice on the standards to achieve and maintain, and only resorting to enforcement action where absolutely necessary. All the current strategy tools that are key to achieving the strategy aim and objectives are listed below:

5.1 HMO intelligence “Regulators, and the regulatory system as a whole, should use comprehensive risk assessment to concentrate resources in the areas that need them most.”

(Statutory Code of Practice for Regulators, 2007)

The Council collects information about HMOs in two ways: Reactive: The Council receives applications for HMO licences, requests for

information/advice, referrals from other agencies and complaints from tenants.

Proactive: The Council actively seeks information about HMOs by working with Keele

University, Keele Student’s Union and the Authority’s Council Tax team, promoting accreditation and the landlord’s forum and surveying property. In 2008 the authority commissioned a targeted survey of HMOs within the borough.

The annual action plan attached to this strategy details the information gathering activities during each year. Information collected about HMOs is stored on the APP computer system. Properties that are licensed HMOs, unlicensed 3-storey HMOs and 2-storey HMOs can all be identified and listed using APP.

5.2 Prioritisation and Inspection “No inspection should take place without a reason…Inspections can be an effective approach to achieving compliance, but are likely to be most effective when they are justified and targeted on the basis of an assessment of risk.”

(Statutory Code of Practice for Regulators, 2007)

5.2.1. Prioritisation In order to focus the limited resources of the Council on the highest risk HMOs the three bands will be used: Band 1 3-storey HMOs that are or should be licensed

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Band 2 3-storey HMOs that do not meet the criteria for licensing Band 3 2-storey HMOs Within each band priority will be given to properties that are not managed by accredited landlords or that have been the subject of a complaint. An explanation of how these bands were selected on the basis of risk may be found in Appendix 1. 5.2.2. Inspection Inspection is one of the tools that the Council can use to monitor standards within HMOs and identify areas of non-compliance. The annual Action Plan attached to this strategy will provide more detail on the inspections planned each year.

5.3 Licensing 5.3.1. Licensable HMOs The owners of HMOs subject to mandatory licensing will be encouraged to apply for licenses and each application will be determined within 6 weeks of a properly completed application being received. Tests as to suitability for multiple occupation are found within section 65 of the Housing Act 2004 and detailed in Schedule 3 of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006. The landlords of all properties subject to licensing are required to provide the Council with evidence that they are “fit and proper” to manage the HMO. Full details of the mandatory licensing procedures are detailed at Appendix 2. If necessary and appropriate the Council will take enforcement action where HMO owners evade licensing or breach licensing conditions. The Housing Act 2004 states that a licence may include such conditions as the local housing authority consider appropriate for regulating the management, use and occupation of a HMO and its condition and contents. Mandatory licence conditions are detailed in Schedule 4 of the Housing Act 2004. In addition the Council will apply the Newcastle under Lyme Borough Council HMO Standards as conditions where these are breached.

As a minimum the Council will aim to inspect:

All licensed HMOs (Band 1) every 2 years

All 3-storey non-licensed HMOs (Band 2) every 2 years

40nr 2-storey HMOs (Band 3) every 2 years

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The Council, in common with neighbouring North Staffordshire authorities, imposes a licence condition requiring compliance with the Home Stamp publication “A Guide to Fire Protection in Multi Occupied Residential Properties”. Home Stamp is a consortium of West Midlands local authorities, representatives from the Police and Fire Services and private landlords. The guide was revised in 2009 to reflect the national LACORS “Housing – Fire Safety” guidance. 5.3.2. Additional and Selective Licensing The Housing Act 2004 gives the Council power to designate all or part of the borough as subject to additional licensing if a significant proportion of the HMOs in the area are being managed ineffectively, no other course of action is available and licensing will help significantly to address the problems being caused. The 2004 Act also gives the Council power to apply selective licensing to areas of low demand housing if licensing would help improve the social or economic conditions. A quarter (71nr) of all HMOs are owned or managed by accredited landlords. Between April 2007 and the end of March 2009 only six complaints were received about properties identified as HMOs. The Council has made a policy decision in 2009 that the criteria for additional and selective licensing have not been met within the borough. If antisocial behaviour, housing demand or levels of poor management become significantly worse this decision will be reviewed and a strategy for selective or additional licensing developed.

5.4 Working in Partnership 5.4.1. Key Internal Partners

Partner Relationship

Customer Contact Centre Take enquiries from landlords and tenants about HMOs

Revenue & Benefits Team Information on occupancy of HMOs

Regeneration & Development

Information about new HMOs (new build or conversion) Partnership working through RENEW

Building Control Information about construction of HMOs (new build or conversion)

Operational Services Referrals to and from other teams about problem HMOs

5.4.1. External Partners Landlords Newcastle Private Rented Sector Focus Group provides an opportunity for council staff to meet with landlords to discuss issues relating to HMOs. Landlords are consulted on proposed changes and make suggestions for changes to the way the Council deals with rented property. Local authorities in Staffordshire We work with neighbouring Staffordshire local authorities to ensure consistent and fair standards are adopted. The Council meets regularly with representatives from private housing teams in other Staffordshire authorities. Partnership working can also be

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demonstrated in the delivery of the North Staffordshire Landlord Accreditation Scheme, Use of the Home Stamp fire safety guide and by the publication of material such as the ‘Licensing Guide for Landlords in Staffordshire’. Keele University We work together to produce and distribute information to landlords and tenants on changes to legislation. We share information in relation to landlords registered with Studentpad and work with Keele University Students Union to deliver regular information events for students. Staffordshire Fire and Rescue Authority The fire authority in Staffordshire provides advice and information relating to fire safety and enforces the fire safety requirements relating to the communal areas of HMOs. We are currently working alongside neighbouring Authorities and Staffordshire Fire Authority to develop a joint protocol to deliver the requirements of the Housing Act 2004 and also the Regulatory Reform (Fire Safety) Order 2005. The protocol will establish the principles and joint working arrangements between the agencies to deliver the objective of improved fire safety. Newcastle Safer Communities Partnership The partnership comprises the emergency services, Primary Care Trust and local authorities and aims to reduce crime and disorder. The Housing Team may make or receive referrals to/from the agencies involved relating to antisocial behaviour linked to HMOs.

5.5 North Staffs Landlord Accreditation Scheme This scheme was set up and is run jointly with adjoining North Staffordshire Authorities and the North Staffs Landlords Association. The main aim of the scheme is to accredit those landlords who by meeting certain specified standards provide good quality homes for private sector tenants. Private landlords are accredited for meeting their obligations and are expected to abide by the ANUK Landlord Development Manual which has been adopted as the code of standards for the scheme. Landlord development courses on housing, fire safety and HMO legislation have been carried out and we consulted prior to the introduction of licensing including the setting of fees. In 2007 the scheme had 500 members. By 2009 the scheme had 159 members with 376 properties within the borough of Newcastle under Lyme. Further information on the scheme can be found at www.landlordaccreditation.co.uk

5.6 Information and advice “Without knowing or understanding relevant legal requirements, regulated entities will find it difficult to comply. Regulators can, however, improve compliance through greater focus on support and advice.”

(Statutory Code of Practice for Regulators, 2007)

Experience confirms that in many cases information and advice on property and management standards communicated to HMO landlords in a clear and timely manner will ensure adequate conditions in HMOs. An informal approach is less likely to result in retaliatory eviction and may therefore be advantageous to the tenants.

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The Council will provide free telephone and face-to-face advice to HMO landlords to help them understand their legal obligations and recommend good practice. Advisory inspections may also be carried out at the request of a HMO landlord. In 2009 the Council reviewed its standard letter format to landlords following an inspection. Following consultation with the Newcastle Private Rented Sector Focus Group the letter was revised so it was easier to understand. The Council also provides written information sheets to landlords summarising legislative changes. The Council, in common with neighbouring North Staffordshire authorities recommends the regional Home Stamp publication “A Guide to Fire Protection in Multi Occupied Residential Properties”. Home Stamp is a consortium of West Midlands local authorities, representatives from the Police and Fire Services and private landlords. The guide has been revised in 2009 to reflect the national LACORS “Housing – Fire Safety” guidance.

The Council’s website includes information and advice on issues relating to houses in multiple occupation. This site is regularly updated with changes in legislation, topical issues and direct links to more specialist sites

5.7 Promotional activities Any new government initiatives and legislative changes are publicised in the local press and through the Councils newsletter, The Reporter, which is distributed to every home in the Borough. The North Staffordshire Landlord Accreditation Scheme also issues a quarterly newsletter to all of its members as well as delivering workshops and landlord development sessions. Information is also available for landlords on the accreditation scheme website.

5.8 Newcastle Private Rented Sector Focus Group The purpose of the Focus group is to bring together agencies and individuals to address issues relating to the private rented sector. To work closely together to identify good practice and new initiatives that are mutually beneficial, protecting investments and businesses, as well as promoting a positive image of private rented sector housing in the Borough of Newcastle. Members of the group currently include Landlords, Managing Agents, Keele University, Student Union and the North Staffordshire Landlord Association. The group meets on a quarterly basis and has a flexible agenda.

5.9 Financial Assistance The Private Sector Housing Renewal Policy sets out the assistance that the Council will make available for housing renewal. Grants of 50% (up to a maximum of £2,000) are available for accredited landlords to improve property towards the Decent Homes Standard.

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The Council will also advise landlords about grants or discounts that may be available for their tenants to help fund heating or insulation improvements.

5.10 Enforcement “The few businesses that persistently break regulations should be identified quickly and face proportionate and meaningful sanctions.”

(Statutory Code of Practice for Regulators, 2007)

Enforcement of legal requirements for HMOs will be carried out in accordance with the Housing Enforcement Policy. When enforcement action is proposed to tackle category 1 or 2 hazards the landlord will be sent a letter listing the hazards and proposed remedial action. Unless immediate action is necessary landlords will normally be given the opportunity to respond by proposing their own timetable for works to be carried out. Enforcement action will then follow if necessary.

The Private Sector Housing Enforcement Policy can be downloaded from the Council’s website at www.newcatle-staffs.gov.uk and is available upon request.

6. Resources

6.1 Staff The key resource available to deliver the strategy is a well trained and effective workforce. The officers responsible for implementing this strategy are identified in the attached Action Plan (see Appendix 3). The overall responsibility for overseeing the implementation of the strategy lies with the Principal Environmental Health Officer.

6.2 Budget Staff expenditure will be met from within the revenue budget and licence fees will offset costs. An annual capital budget will be set for accredited landlord grants. For 2009/10 this budget is £50,000.

7. Monitoring

The Council will monitor the quality of the service provided in relation to HMOs to ensure that the delivery of the targets identified in the Action plan (see appendix 3) are met. The Council will also monitor standards as detailed within the Private Sector Service Standards.

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8. Review

This strategy will be reviewed when it becomes necessary, usually annually. Minor revisions will be approved by the Executive Director in consultation with the Portfolio Holder, any major changes will be approved by Cabinet. The Operational Services department will be responsible for the implementation and review of this Strategy and relevant procedures and any comments on the Strategy should be directed to this department at the address below.

9. Consultation on the draft strategy The draft Strategy was circulated to members of the Newcastle Private Rented Sector Focus Group for comments. Membership includes:

Landlords Managing Agents Keele University Students Union North Staffordshire Landlords Association Stoke City Council Other internal departments

10. Enquiries

A copy of the Strategy can be obtained upon request from the address below or by visiting the Councils website at www.newcastle-staffs.gov.uk/housing Newcastle under Lyme Borough Council Civic Offices Merrial Street Newcastle Staffordshire ST5 2AG Telephone 01782 742543 Textline 07800 1400 48 Email [email protected]

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APPENDIX 1 Prioritisation of HMOs

In order to focus the limited resources of the Council on the highest risk HMOs the following bands will be used:

Band 1

Licensed HMOs (3-storey, two or more households comprising 5 or more people.

Licensing was introduced for larger HMOs to tackle the increased risk that these properties present to their occupants. The HHSRS Operating Guidance states that “An adult living in either a self-contained flat or bedsit accommodation in a building of three storeys or more is roughly 10 times more likely to die in a fire than an adult living in a two storey house.”

Number within the borough of Newcastle under Lyme in 2009: 17

Band 2

3-storey HMOs that are not licensable because there are less than 5 occupants or the third storey is unused.

These properties have the potential to present similar risks to licensed 3-storey HMOs.

Number within the borough of Newcastle under Lyme in 2009: 18

Band 3

2-storey HMOs in priority areas

The 2008 Housing Condition Survey identified that the following wards had the highest proportion of properties that did not meet the decent homes standard:

Ward

Percentage not meeting Decent Homes Standard

Number of 2-storey HMOs

Town 40.6 92

Cross Heath 44.1 39

Thistlebury 40.6 31

Knutton, Silverdale & Park Site 44.1 8

Maybank 41.4 6

Porthill 41.4 5

Wolstanton 41.4 5

A targeted survey of HMOs in 2008 identified specific properties that contained category 1 hazards, predominantly fire, crowding & space and falls on stairs/steps. The Council will prioritise action to resolve these issues.

Proactive work will then focus on the wards above, with Town being the first priority because it has the highest number of HMOs and relatively poor housing conditions.

Number within the borough of Newcastle under Lyme in 2009: 249

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APPENDIX 2 Mandatory Licensing Procedures

1. Enquiry received. Property will need to be licensed if - HMO more than 2 storeys - Occupied by 5 or more persons forming 2 or more households (i.e families) - There is some sharing of facilities (Bathrooms, kitchen, etc)

2. Send out application pack and record details on database 3. If application not received within 1 month, send reminder letter, enter on database

4. If application not received in 1 month, visit property, check occupancy and need to register

and establish ownership (Land Registry). Final letter to applicant, enter details on database and refer file to legal.

5. Application received. Check all documentation against tick list. Check form for

completeness. Enter information on database

6. If all documentation is not present or form is incomplete return everything to applicant with covering letter. Enter on database (go to 3)

7. If all documentation is present and the form is complete. Check that all documentation is

up to date and appropriate. Check that all appropriate facilities present and fit and proper person status. If there is a problem return everything to applicant with covering letter. Enter on database.

8. Application received. If all documentation not present or if rest of information still not

correct, issue minded to Refuse License. Enter onto database

9. If all documentation present and rest of information is correct, issue licence. Enter onto database

10. Appeal possible of minded to Refuse License Order

11. Perform inspection of property within 5 years

12. If application not received, revisit, establish necessity to licence then pass file to Legal

Dept for prosecution

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* PEHO = Principal Environmental Health Officer TL = Team Leader EHO = Environmental Health Officer HSO = Housing Standards Officer

APPENDIX 3 HMO STRATEGY – ACTION PLAN 2007

Objectives Actions Target Date Owner Outcomes To meet the legislative obligations for HMO licensing under the Housing Act 2004.

To license all known 3 storey HMOs with 5 or more occupants.

January 2008

TL

All known licensable HMOs to be licensed.

To raise awareness of legislation standards among landlords and tenants.

Training events and newsletters

Advertisements

Information in Keele University’s Landlords pack.

2 per year

4 per year

4 per year

TL HSO HSO

Positive dialogue with Landlords and Tenants to increase awareness

To work in partnership with adjoining authorities to ensure consistency of standards and enforcement.

Meetings of Chief Officers Housing Groups and Sub-Groups.

Accredited Landlords Steering Group.

To develop a joint working protocol between authorities and Staffordshire Fire & Rescue Service

4 per year

4 per year

March 2008

PEHO & TL HSO TL

Consistency of standards and enforcement with other Local Authorities.

To develop our knowledge on the scale of the private HMO market in Newcastle Borough

Examination of Keele Landlord’s application forms.

Examination of electoral records.

Liaison with Housing Benefit Section.

Street survey.

Annually

Annually

Annually

March 2008

TL EHO PEHO TL

More HMOs located

To eliminate poor property and management standards in all HMOs

Licensable HMO

Inspect 18 licensable properties

Inspect any new licensable HMOs

Inspect 20% of licensable HMOs each year thereafter.

Non Licensable HMO

Inspect 6 x 3 storey non licensable HMOs each year.

Inspect 70 x 2 storey HMOs each year.

Identify if properties suitable for Interim Management Order and Final Management Order. Liaise with Registered Social Landlords and Estate Agents to identify a partner to manage properties.

March 2008

Ongoing

Annually

6 per year

70 per year

January 2008

TL TL TL TL EHO TL/EHO

Reduction in the number of poor quality HMOs

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HMO ACTION PLAN –2008/09

ACTION

TIMELINE

BY WHOM

DATE COMPLETED

Transfer all known HMO’s to APP system

May 2008

EHO

July 2008

Identify possible HMO’s from Council Tax records

June 2008

EHO

May 2009

Obtain list from Keele University

May 2008

EHO

May 2008

Identify poss HMO’s from visiting known locations

April/ August 2008

EHO

August 2008

Monitor monthly property register of Accredited Landlords

Ongoing

HSO

Ongoing

Liaise with Planning to monitor planning applications

September 2008

EHO

Monitor local press – rooms to rent

Ongoing

HSO

Ongoing

Use Survey company to randomly select 100 HMO’s for inspection

November 2008

PEHO/EHO

Increase awareness Produce Information/Advice sheets for immigrant workers

October 2008

HSO

Liaison/visit Keele students Union

Ongoing HSO Ongoing

Raise at Newcastle Private Rented Sector Focus Group

Next meeting following adoption

HSO

Produce Information/Advice sheets

June 2008

HSO

June 2008

Council web pages

June 2008

HSO

June 2008

PEHO – Principle Environmental Health Officer, TL – Team Leader, EHO – Environmental Health Officer, HSO – Housing Standards Officer

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HMO ACTION PLAN –2009/10

ACTION Target Date Who will action Completed?

Self-reporting form sent to HMO address list with information sheet Apr 09 EHO 17 Apr 09

Prioritise HMOs for inspection Apr 09 EHO 17 Apr 09

Inspect 10 HMOs Jun 09 EHO/TL June 09

Check webpages are up to date Jun 09 TL/HSO 29 May 09

Inspect 20 HMOs (Cumulative total) Sep 09 EHO/TL Sep 09

Inspect 30 HMOs (Cumulative total) Dec 09 EHO/TL Dec 09

Inspect 40 HMOs (Cumulative total) Mar 10 EHO/TL Mar 10

Check adverts in local press and studentpad website for potential HMOs

Weekly Admin Officer

Obtain list from Keele University HSO

Review council tax records to update list of HMOs EHO

Monitor monthly property register of Accredited Landlords Monthly HSO

Liaison with Keele University Student’s Union – Consider drop-in events, advice sessions for staff and promotion at open days

HSO

Review licensed HMOs – Any outstanding conditions? EHO

Advice sheet for landlords registering with Student Pad HSO

Information published in the Reporter and press release(s) HSO

PEHO – Principle Environmental Health Officer, TL – Team Leader, EHO – Environmental Health Officer, HSO – Housing Standards Officer

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HMO ACTION PLAN –2010/11

ACTION Target Date Who will action Date Completed

10 HMOs inspected during quarter Jun 10 TL, EHO, HSO Jun 10

10 HMOs inspected during quarter Sep 10 TL, EHO, HSO Sep 10

10 HMOs inspected during quarter Dec 10 TL, EHO, HSO Dec 10

10 HMOs inspected during quarter Mar 11 TL, EHO, HSO Mar 10

Write to licensees whose licenses are due to expire in 2011 Jul 10 TL Jun10

Check HMO webpages May 10 HSO

Check adverts in local press for new HMOs Weekly EHO

Check new estate at bottom of Keele Rd for new HMOs Sep 10 EHO Sep 10

Ensure planning notify of change of use to HMOs Weekly TL

Review Council Tax records to identify HMOs Aug 10 EHO Jul 10

Review Housing Benefits records to identify HMOs Aug 10 EHO Jul 10

Monitor monthly register of Accredited Landlords Monthly HSO

Inspect HMOs identified through proactive enforcement in Wolstanton and Porthill

Sep 10 HSO, THSO, EHO

May 10

Respond to complaints about HMO standards Ongoing TL, EHO, HSO

Remind the Food Team to report staff accom over shops. Jun 10 TL Jun 10

PEHO – Principle Environmental Health Officer, TL – Team Leader, EHO – Environmental Health Officer, HSO – Housing Standards Officer

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HMO ACTION PLAN – 2011/12

ACTION Target Date Who will action Date Completed

40 HMOs inspected per ¼ identified from the priority format Jun 11 EHO, HSO, TA Jun 11

40 HMOs inspected per ¼ identified from the priority format Sep 11 EHO, HSO, TA Sep 11

40 HMOs inspected per ¼ identified from the priority format Dec 11 EHO, HSO, TA Dec 11

40 HMOs inspected per ¼ identified from the priority format Mar 12 EHO, HSO, TA Mar 11

Process HMO Licence applications & renewals Jul 11 TL & EHO Jul 11

Ensure web pages are up to date May 11 HSO

Check adverts in local press for new HMOs Weekly EHO

Review Council Tax records to identify HMOs Aug 11 EHO

Review Housing Benefits records to identify HMOs Aug 11 EHO

Monitor monthly register of Accredited Landlords Monthly HSO

Work in partnership with Keele University & KSU to promote HMO standards & attend events

ongoing EHO, HSO

Respond to complaints about HMO standards Ongoing TL, EHO, HSO, TA

Work with the Food Team to identify staff accomodation over shops. Jun 11 EHO, HSO

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HMO ACTION PLAN – 2012/13

ACTION Target Date Who will action Date Completed

40 HMOs inspected per ¼ identified from the priority format Jun 12 EHO, HSO, TA Jun 12

40 HMOs inspected per ¼ identified from the priority format Sep 12 EHO, HSO, TA Sep 12

40 HMOs inspected per ¼ identified from the priority format Dec 12 EHO, HSO, TA Dec 12

40 HMOs inspected per ¼ identified from the priority format Mar 13 EHO, HSO, TA Mar 13

Process HMO Licence applications & renewals Mar 13 TL & EHO

Ensure web pages are up to date May 12 HSO

Check adverts in local press for new HMOs weekly EHO

Review Council Tax records to identify HMOs Aug 12 EHO Nov 2012

Review Housing Benefits records to identify HMOs Aug 12 EHO Nov 2012

Monitor monthly register of Accredited Landlords monthly HSO

Work in partnership with Keele University & KSU to promote HMO standards & attend events

ongoing EHO, HSO

Respond to complaints about HMO standards ongoing TL, EHO, HSO, TA

Work with the Food Team to identify staff accomodation over shops. ongoing EHO, HSO

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HMO ACTION PLAN – 2013/14

ACTION Target Date Who will action Date Completed

20 HMOs inspected per ¼ identified from the priority format Jun 13 EHO, HSO, TA Jun 13

20 HMOs inspected per ¼ identified from the priority format Sep 13 EHO, HSO, TA

20 HMOs inspected per ¼ identified from the priority format Dec 13 EHO, HSO, TA

20 HMOs inspected per ¼ identified from the priority format Mar 14 EHO, HSO, TA

Process HMO Licence applications & renewals Ongoing EHO

Ensure web pages are up to date Oct 13 HSO

Check adverts in local press for new HMOs Weekly EHO

Review Council Tax records to identify HMOs Oct 13 EHO Nov 13

Review Housing Benefits records to identify HMOs Oct 13 EHO Nov 13

Monitor monthly register of Accredited Landlords Monthly HSO

Work in partnership with Keele University & KSU to promote HMO standards & attend events

Ongoing EHO, HSO

Respond to complaints about HMO standards Ongoing EHO, HSO, TA

Work with the Food Team to identify staff accomodation over shops. Ongoing EHO, HSO, TA

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HMO ACTION PLAN – 2014/15

ACTION Target Date Who will action Date Completed

20 HMOs inspected per ¼ identified from the priority format Jun 14 EHO, HSO, TA Jun 2014

20 HMOs inspected per ¼ identified from the priority format Sep 14 EHO, HSO, TA Sept 2014

20 HMOs inspected per ¼ identified from the priority format Dec 14 EHO, HSO, TA Dec 2014

20 HMOs inspected per ¼ identified from the priority format Mar 15 EHO, HSO, TA Mar 2015

Process HMO Licence applications & renewals Ongoing EHO

Ensure web pages are up to date Oct 14 HSO

Check adverts in local press for new HMOs Weekly EHO, HSO

Review Council Tax records to identify HMOs Nov 14 EHO

Review Housing Benefits records to identify HMOs Nov 14 EHO

Monitor monthly register of Accredited Landlords Monthly HSO

Work in partnership with Keele University & KSU to promote HMO standards & attend events

Ongoing EHO, HSO

Respond to complaints about HMO standards Ongoing EHO, HSO, TA

Work with the Food Team to identify staff accomodation over shops. Ongoing EHO, HSO, TA