Section: Local Authorities

LAs Get New Powers to Control HMOs

Councils were given new powers to enforce licensing of houses in multiple occupation (HMOs) and guidance on bringing long-term empty dwellings back into use. Landlords failing to licence their HMOs can be prosecuted by councils and face fines of up to £20,000.

The new measures mean that if any HMO is occupied without a licence, a local housing authority has the power to seek an Order for the repayment of up to 12 months' Housing Benefit paid out while the property was let without a licence. Tenants can seek an Order to recover rent they paid while a licensable property was let to them without being licensed.

The guidance being issued to councils highlights the procedures they must follow in seeking authorisation from residential property tribunals to make Empty Dwelling Management Orders (EDMOs).

Housing Minister Baroness Andrews said the new measures strengthened the important reforms introduced by the Housing Act 2004: "We have given landlords three months to apply for an HMO licence without fear of penalty for not having done so. These new powers will strengthen the licensing provisions and offer further protection for tenants. They also mean decent landlords will see an end to unfair competition from those avoiding their responsibilities."

A house in multiple occupation is a property where three or more tenants who are not all members of the same household are sharing some or all of the living accommodation and/or amenities. Since 6 April 2006, any HMO must be licensed if it is on three or more storeys; is occupied by five or more tenants; or has two or more households.

Councils also have the discretion to designate areas within their district for additional licensing, requiring other HMOs to be licensed.

Baroness Andrews said that in the case of Empty Dwelling Management Orders, Residential Property Tribunals must consider the effect EDMOs would have on the rights of the property owner and take into account the interests of the community.

She said: "These are powers of last resort, where voluntary negotiations with owners have failed. Among the protections for owners is the fact the tribunal must be satisfied that:

There are ten exceptions in all, covering, amongst other things:

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Reporting on July 2006

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