Proposed licence conditions for privately rented houses
*Indicates a statutory condition as prescribed by the Housing Act 2004
A. Gas, Electrical and Fire Safety
1. Where gas is supplied to the house the licence holder shall ensure that all gas
installations and appliances are in a safe condition at all times and that an
annual gas safety check is carried out by a Gas Safe registered engineer. The
licence holder shall provide a copy to all tenants/occupiers at the beginning of
their tenancy and keep a written record that it has been provided.*
2. The licence holder shall produce the gas safety certificate issued in respect of
the house within the previous 12 months for inspection within 7 days of the
Council’s demand.* Details of Gas Safe engineers can be found at www.gassaferegister.co.uk
Safety of Electrical Appliances
3. The licence holder shall ensure that electrical appliances made available in
the house by them are kept in a safe condition and proper working order at all
4. The licence holder shall ensure a record of visual inspections and tests of
such appliances is maintained and shall submit this record to the Council
within 7 days of the Council’s demand.
5. Within 7 days of the Council’s demand, the licence holder shall supply a
declaration as to the safety of electrical appliances made available by him at
Safety of Electrical Installations
6. The licence holder shall ensure that the electrical installation in the house is
kept safe and in proper working order at all times. The licence holder shall
ensure that a satisfactory Electrical Installation Condition Report (EICR) or
Electrical Installation Certificate (EIC) is produced at intervals of no more than
5 years or more frequently if indicated on the previous report and supply the
most recent EICR or EIC to the Council within 7 days of the Council’s
Smoke Alarms / Fire Detection Systems
7.The licence holder shall ensure that at all times a suitable fire detection and alarm system is installed in the house and is maintained in proper working order. As a minimum there must be a smoke alarm installed on each storey of the house on which there is a room used wholly or partly as living accommodation. For the purposes of this paragraph, a bathroom or lavatory is to be treated as a room used as living accommodation.*
8. The licence holder shall ensure that where the current BS 5839 (or any British Standards which subsequently replaces this) requires the fire alarm system to be tested in accordance with it that the system is so tested, inspected and serviced by a competent person and that copies of testing certificates shall be supplied to the Council within 7 days of the Council’s demand.
9. The licence holder shall supply a declaration as to the condition and position
of any smoke alarms/detectors in the property within 7 days of the Council’s
Emergency Escape Lighting
10. The licence holder shall ensure that any emergency escape lighting in the
house is inspected, tested and serviced by a competent person in accordance
with BS 5266-1:2011 (or any British Standard which subsequently replaces
this). Copies of testing certificates shall be provided to the Council within 7
days of the Council’s demand.
Furniture and Furnishings (Fire Safety)
11. The licence holder shall ensure that the furniture made available by them at
the house is kept in a safe condition at all times.*
12. The licence holder shall supply a declaration as to the safety of the furniture
made available by him at the house within 7 days of the Council’s demand.*
Carbon Monoxide Alarms
13. The licence holder shall ensure that a carbon monoxide alarm is installed in
any room in the house which is used wholly or partly as living accommodation
and contains a solid fuel burning combustion appliance. Any such alarm must
be kept in proper working order. For the purposes of this paragraph, a
bathroom, lavatory, hall or landing are all treated as being a room used as
14. The licence holder shall supply a declaration as to the condition and position
of any carbon monoxide alarms in the property within 7 days of the Council’s
B. Property Management
15. The licence holder must ensure all reasonable and practical steps are taken
to respond to repair and maintenance issues at their property and that any
works to deal with repairs are undertaken within a reasonable period of time
after they are notified, and within the timescales notified to occupiers under
16. The licence holder must ensure that:
a) The property is kept in a good state of repair and free from significant
hazards that could affect the health and safety of tenants, occupiers and
visitors to the property (as required by part 1 of the Housing Act 2004)
b) The exterior of the property is maintained in a reasonable decorative order, and in a good state of repair.
c) The exterior of the property and boundary walls, fences and gates etc. are kept free from graffiti.
d) Gardens, yards and other external areas within the boundary of the property are kept in a clean and tidy condition and free from rodent infestations at all times.
17. The licence holder shall ensure the property is secure by complying with the requirements of paragraphs a) to g) below:
a) So far as reasonably possible, any emergency works necessary to protect the security of the property are undertaken within 24hrs of notification e.g damage to windows/entrance points to the property.
b) The security provisions for the access to the property (locks, latches,
deadbolts and entry systems etc.) are maintained in good working order at
c) Where window locks are fitted that keys are provided to the occupant(s) of
d) Where a burglar alarm is fitted to the house, that the occupant(s) is (are)
made aware of the code, how the alarm is operated and the circumstances
under which the code for the alarm can be changed;
e) Where previous occupiers have not surrendered keys, arranging for a lock
change to be undertaken, prior to new occupiers moving in;
f) Where alley gates are installed to the side or rear of the licensed property,
taking responsibility for holding a key and making satisfactory
arrangements for the occupiers’ access;
g) The main escape route (usually the front door) must be fitted with a thumb
turn mortice lock, or equivalent, to five-lever security level. The lock must
comply with fire safety requirements in that it shall be openable from the
inside without the use of a key.
Dealing with rubbish
18. The licence holder shall at the beginning of a tenancy, provide written
information to the occupiers of the property indicating:
- · what day refuse collections take place,
- · what type of bins to use for household and recycling waste,
- · details of the Council’s bulky waste collection service,
- · the occupiers responsibility to put bins out no earlier than 4pm on the day
before collection and to return refuse containers within the boundary of the
property by 8am the day after they are emptied,
- · that occupiers should make arrangements for any extra rubbish that
cannot fit in the bins to be collected and/or disposed of as soon as is
reasonably possible and ensure that such rubbish, where possible, is
stored at the rear of and within the boundary of the property until
- · The Licence Holder shall ensure so far as is reasonably possible that the
occupiers make arrangements for the collection of waste in accordance
with these provisions and, when the property is unoccupied, adhere to
these provisions him/herself.
19. The licence holder shall ensure that suitable and adequate provision for
refuse storage and collection is made at the house. This shall include a
closable bin(s) of suitable capacity as specified by the Council.
20. The licence holder must ensure that the tenant’s right to quiet enjoyment of
the property is respected. Where entry is required the licence holder must
ensure that any notice requirements contained in the tenancy agreement are
complied with. Where the tenancy agreement does not contain any such
requirements, the licence holder must ensure that the tenant receives at least
24 hours written notice of intention to enter the property specifying the reason
entry is required. The only exception when it would not be reasonable to give
such notice and access is urgent, e.g. in an emergency.
21. The licence holder shall ensure that inspections of the property are carried out
at least every six (6) months to identify any problems relating to the condition
and management of the property. The records of such inspections shall be
kept for the duration of this licence. As a minimum requirement the records
must contain a log of who carried out the inspection, date and time of
inspection and issues found and action(s) taken. Copies of these must be
provided within 7 days of the Council’s demand.
C. Tenancy management
22. At the beginning of a new tenancy, the licence holder must provide the
occupier(s) with written information, including contact details, explaining how
they can make a complaint about the property and the arrangements in place
to deal with emergency and other repairs. The contact and telephone number
details should be applicable for contact between 9am – 5pm Monday to
Friday, and should also include an out of hours contact number for use in
emergencies. Any change in contact and/or telephone number details should
be provided to occupiers within 24 hours of the changes being made. Copies
of the written information provided to tenants must be provided within 7 days
of the Council’s demand.
23. The licence holder shall indicate to the occupier(s) how they intend to respond
to the complaint including a timescales for the steps they intend to take.
24. The licence holder shall respond to any complaint within a reasonable
timescale. Copies of all correspondence relating to complaints shall be
retained during the currency of the occupation and for 6 months thereafter
and shall be provided to the Council within 7 days of the Council’s demand.
25. The licence holder must provide the tenant with an information pack
containing the following details:
a) A true copy of the licence to which these conditions apply.
b) A notice with the name, address, day time and emergency contact number
of the licence holder or managing agent.
c) Where appropriate, true copies of the current gas, electrical safety and
energy performance certificates.
d) The information required by conditions 18, 22 and 26.
26. The licence holder shall supply to the occupiers of the house a written
statement of the terms on which they occupy it. This statement shall be
provided within 7 days of the occupancy beginning and the licence holder
shall supply a copy of the written statement within 7 days of the Council’s
27. The licence holder shall comply with all relevant landlord and tenant law and
shall ensure that all legal processes are followed when requiring occupiers to
leave. If a complaint of illegal eviction is made to the Council the licence
holder shall provide information as to the steps taken to evict an occupant
within 7 days of the Council’s demand.
28. The licence holder shall demand references for new occupiers before entering
into any occupancy agreement with them or allowing them to occupy the
premises. Copies of these references shall be kept for the duration of this
licence and made available to the Council within 7 days of the Council’s
29. The licence holder shall ensure there is suitable and sufficient buildings
insurance in place for the duration of this licence. This should cover the costs
of re-housing occupiers in the event of a need arising.
30. Before a new tenancy is issued the licence holder / agent should carry out an
inventory and document it with photographs (where appropriate). Both the
licence holder and the tenant shall date and sign the inventory and each
retain a copy.
31. Where a deposit is taken the licence holder must provide any tenant with the
relevant information about the deposit scheme to which it relates and any
other information required under section 213 of the Housing Act 2004. This
information must be provided to the Council within 7 days of the Council’s
D. Tackling Anti-Social Behaviour
32. The licence holder shall ensure that all reasonable and practical steps are
taken to prevent and respond to anti-social behaviour. These include written
tenancy management arrangements to prevent or reduce anti-social
behaviour by persons occupying or visiting the property. Copies of these must
be provided to the Council within 7 days of the Council’s demand. If the
licence holder or manager / agent receive complaints of anti-social behaviour
that concern the occupiers of, or visitors to the property or that result from
their actions they must comply with requirements (a) to (i) below:
a) Any letters, relating to anti-social behaviour, sent or received by the
licence holder, or agent of the licence holder, must be kept by the licence
holder. True copies of the original document should be provided to the
Council within 7 days on demand.
b) Ensure that written notes are kept of any meetings or telephone
conversations or investigations regarding anti-social behaviour.
c) If a complaint is received, or anti-social behaviour is discovered, within 7
days the tenant must be informed of the allegations of the anti-social
behaviour in writing and of the consequences of its continuation.
d) From the date of receipt of the complaint of anti-social behaviour, monitor
any allegations of anti-social behaviour and take all necessary steps to
establish if it is continuing.
e) Where the anti-social behaviour is continuing after 14 days from receipt of
the complaint, the licence holder, or his agent must, within 7 days visit the
premises and give to the tenant, or leave at the property marked for their
attention, a warning letter advising them of the possibility of eviction.
f) Where the licence holder or his agent has reason to believe that the antisocial
behaviour involves criminal activity the licence holder must ensure
that the appropriate authorities (e.g. Police, Council etc.) are informed.
g) If after 14 days of giving a warning letter the tenant has failed adequately
to address the anti-social behaviour so that it is continuing, the licence
holder must take appropriate formal steps under the tenancy agreement,
whether to enforce its terms or to terminate it, including, where necessary,
by taking legal proceedings against the occupier(s).
h) Where the obligation under (g) has arisen, the licence holder must, within
7 days, provide to the Council in writing a plan setting out the steps he
proposes to take, and the timescale for taking those steps, in order to
resolve the problem.
i) If the licence holder is invited to do so, they must attend a case conference
or Multi-Agency Meeting arranged by the Council or Police (whether
following the provision of a plan referred to at (h) above, or generally.)
There may be instances where anti-social behaviour occurs more than once,
but not continuously and possibly several months apart. In such
circumstances the licence holder would still be expected to take all
reasonable and practical steps to ensure it is effectively dealt with, up to and
E. Change of Details or Circumstances
33. The licence holder must inform the Council within 21 days of any material
change in circumstances including:
a. Change of their address
b. Change of manager, management arrangements or ownership.
c. Any changes to their, the manager’s or any associate’s circumstances which could affect their fit and proper person status, i.e. any cautions or convictions for any offence involving fraud, dishonesty, violence, drugs, sexual offences (under Sexual Offences Act, schedule 3) discrimination or breach of housing or landlord / tenant law. d. Any proposed changes to the layout of the house that would affect the licence or licence conditions.
F. Licence Holder Training
34. Where the licence holder has not attended relevant training in the previous 3
years, they must as a minimum attend suitable training on the law and legal
requirements relating to managing privately rented housing within 12 months
of the date the licence is issued. This requirement can be satisfied in one of
the following ways:
a. by attending a one-day training course arranged and delivered by the
Council or our accreditation partner DASH Services and submitting a
certificate to the Council following this training. Visit
www.dashservices.org.uk or call 01332 641111 to arrange this;
b. by completion of the accreditation training of the National Landlords
Association (NLA) or Residential Landlords Association (RLA) and
submitting the pass certificates to the Council for confirmation;
c. by completion of other suitable training on the law and legal
requirements relating to managing privately rented properties subject to
approval by the Council in advance and subject to submitting a pass
certificate or similar document to the Council for confirmation.
35. Where reports, certificates, declarations or other documents are required to
be produced or supplied to the Council, this shall mean sending by email
(preferred method), post or delivering by hand, declaration to the Council’s
offices for the attention of the Housing Licensing and Compliance team.
36. Any reference to tenant or tenancy can also be interpreted to include
occupancy by licence or other form of written agreement for the purposes of
37. Where electrical works / certificates are required they shall be carried out by a
suitably qualified electrical contractor who should be registered / member of
an approved scheme such as NICEIC, ECA, NAPIT etc. or registered to
undertake electrical works in accordance with Part P of the Building
Regulations. Electrical contractors that are on a relevant competent person
scheme can be found at www.competentperson.co.uk
Failure to comply with any licence conditions may result in legal
proceedings including unlimited fine and loss of the licence.
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