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Selective Licensing-Nottingham

 

The Story so far.....

Nottingham City Council (NCC) released the final Selective Licensing conditions on Wednesday 6th June. Under this scheme the adherence to these conditions will be mandatory as from the 1st August 2018.

A number of the original conditions have been removed from the scheme due to a recent court case Brown v Hyndburn bc. In this case, the Court held that the power to regulate the “management, occupation or use” of a house does not entitle an authority to impose conditions requiring the introduction of new facilities or equipment.

 To review the schemes conditions, click HERE.

To review the documents required to accompany each application please click HERE

The following updates have been made to these conditions:

  • Proof of building insurance will now only need to show it is for a BTL property
  • If the licence holder has a current standard or enhanced Disclosure & Barring Service certificate (DBS), it will be accepted as part of the application process provided there are no convictions listed on it.
  • Evidence of formal licence holder training in the last three years will be required as part of the application process. A Continued Professional Development certificate (CPD) from the training course will suffice. All EMPO’s training courses come with CPD certificates.
  • There is no requirement for an EICR, although it is recommended you have one done for each property as it expected to be a legal requirement across the entire Private Rented Sector from October 2019. (If the licence holder wants to secure the £300.00 accreditation discount from the licence fee they will need to obtain an EICR)
  • There is no longer a requirement to provide a fire alarm test certificate where there is a fire alarm control panel.
  • There is no longer a requirement to fit a thumb turn mortice lock on the front door of the property.
  • Floorplans and bedroom sizes are no longer required.
  • Emergency Escape lighting should be kept in proper working order at all times
  • There is no longer a requirement to produce an inventory.
  • Please click HERE to check your property comes under the scheme.

 Please continue to review NCC website to get all the latest updates.  

Online applications will commence from the 1st July 2018, beware any applications made after the 1st August will place the licence holder at significant risk in respect of Civil Penalty notices and Rent Repayment Order (RRO).

NCC have agreed to provide landlord licence holders managing over 30 rental properties and agents managing over 120 properties an extended period until the 31st October to complete their online applications. For licence holders to qualify for this extension and not be issued with a Civil Penalty notice the Council must receive a list of all properties subject to licensing by the end of July.  However, no guarantees will be given to protect licence holders from tenants applying for RRO in these circumstances. Please visit NCC website for further details.

The licence fee of £780.00 per property is significant, EMPO has successfully persuaded the Council to permit an option for both an agent and landlord to become joint licence holders on application forms. So, if the relationship between the agent and landlord fails during the 5-year licence period the landlord can become the lead licence holder and therefore not have to re-apply for a licence and be out of pocket by another £780.00 fee.

Senior Council officers have made a point of expressing a desire to engage and work with the good landlord community in delivering this very challenging and colossal scheme. Anton Menzies, Head of Safer Housing at NCC made a point of saying the Council were not interested in targeting and enforcing against genuine good landlords who have failed unintentionally in their management responsibilities under this scheme. Instead, the Council would be looking to target the criminal landlords whose business model is simply to operate under the radar by issuing costly Civil Penalty notices and encouraging tenants to apply for RRO’s.

To help landlords and agents understand the implications and complexities of these schemes EMPO is hosting several two-hour workshops in Nottingham. 

The objective of the Selective Licensing workshops is to explain, step-by-step, exactly what landlords need to do to initially get their properties licenced, along with the ongoing requirement to manage and maintain their properties within the scope of the scheme. 

There will be Q&A’s along the way, and attendees will leave with a full practical understanding of what is required in time for the August 1st deadline.

To book your delegate place at one of our workshops please click HERE

For more information on the Nottingham Selective Licensing Scheme click HERE

Click HERE for Nottingham City Council Executive Board meeting update-Tuesday 17th April 2018