Documents required with each application for a licence under selective licensing:
- Plans of each floor of the property
These should show the layout of each floor, the details of amenities, include measurements and be clearly labelled.
- Evidence of landlord insurance for the property
Sufficient landlord insurance should include cover for tenants to be put into temporary accommodation if the property is uninhabitable and public liability cover.
- ‘Basic’ Disclosure certificate (a criminal record check) for proposed licence holder and proposed manager
You are required to provide a ‘basic’ disclosure certificate for the proposed licence holder and proposed manager. This is available from the Disclosure and Barring Service via the following website www.gov.uk/request-copy-criminal-record. The Council can only accept ‘basic’ disclosure certificates. The Council cannot and will not accept any other form of disclosure certificate such as ‘standard’ or ‘enhanced’.
- Proof of right to reside (to live) in the UK for the proposed licence holder and proposed manager
Proof of right to live in the UK for the proposed licence holder and the proposed manager where these are people; If the proposed licence holder or manager is a company then this will not need to be provided.
- Evidence of relevant training (if undertaken) by proposed licence holder
If you have undertaken relevant landlord training in the last 3 years please provide evidence of this.
- A valid, in date, satisfactory Electrical Installation Condition Report or an Electrical Installation Certificate
- A valid, in date, satisfactory Gas Safety certificate (if there are gas appliances in the property)
- Emergency Escape Lighting test certificate (if this is present in the property)
- Fire alarm test certificate where there is a fire alarm control panel
- Energy Performance Certificate (EPC) for the property
Although listed buildings are not required to have one of these, we require one to be submitted with the application.
- Written Fire Safety Risk Assessment (If applicable)
More information / advice about fire risk assessments can be found here:
- Most recent portable appliance test (PAT) certificate (If portable appliances are provided by the landlords)
- Building regulations completion certificate and planning consents (If applicable)
Proposed Licence Conditions
(NCC informs us these are all subject to change between now and when the scheme is proposed to be implemented on the 1st August 2018.)
*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 prior to them taking up the tenancy. A written record that it has been done is required*
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 times.*
4. The licence holder shall ensure a record of visual inspections and PAT 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 the house.*
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 demand.
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 demand.*
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 living accommodation.*
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 demand.*
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 condition 22.
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 all times;
c) Where window locks are fitted that keys are provided to the occupant(s) of the property;
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 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 the bins by 8am the next day
- 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 collection/disposal
- 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 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 kept during the tenancy and for 6 months after and shall be provided to the council within 7 days of asking.
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 demand. *
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 demand.*
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 demand.
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 license holder receives 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 including eviction.
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 license or license 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 a landlord association and submitting a certificate to the Council following this training.
b. 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 these conditions.
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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