Additional HMO Licence Conditions

Licence Conditions

Occupation of the house- permitted occupation

1. The Licence Holder must not allow a new resident to occupy the property or any part of the property if that occupation:

Exceeds the maximum permitted number of persons for the property as detailed in the schedule of permitted occupation below.
Exceeds the maximum permitted number of households for the property as detailed in the schedule of permitted occupation below.
Exceeds the maximum number of persons per room as detailed in the schedule of permitted occupation below.
Exceeds the maximum permitted number of persons for any letting as detailed in the schedule of permitted occupation below.

A new resident means a person who was not an occupier of the property and/or the specific room at the date of the issue of the licence.

1.a The Licence Holder shall check and ensure the following applies for the licensed property,

that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres;
that the floor area of any room in the HMO used as sleeping accommodation by two persons aged over 10 years is not less than 10.22 square metres;
that the floor area of any room in the HMO used as sleeping accommodation by one person aged under 10 years is not less than 4.64 square metres;
that any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation.
where any room in the HMO is used as sleeping accommodation by persons aged over 10 years only, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence;
where any room in the HMO is used as sleeping accommodation by persons aged under 10 years only, it is not used as such by more than the maximum number of persons aged under 10 years specified in the licence;
where any room in the HMO is used as sleeping accommodation by persons aged over 10 years and persons aged under 10 years, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence and the maximum number of persons aged under 10 years so specified.

Please note: Any part of the floor area of a room in relation to which the height of the ceiling is less than 1.5 metres is not to be taken into account in determining the floor area of that room.

1.b If any of the conditions imposed in condition 1A have been breached in relation to the HMO and the licence holder has not knowingly permitted the breach, the local housing authority will notify the licence holder of the breach allowing a specified time period for you to take action to remedy the breach.

If action is not taken and the breach(es) remain after this notification period, the Council will take enforcement action against you, which may include serving a civil penalty notice (CPN) for up to £30000, Prosecution in Court and other enforcement action.

1.c The Licence Holder must not allow a new resident to occupy the property or any part of the property if that occupation:

Exceeds the maximum permitted number of persons for the property as detailed in conditions 1,1A, 1B, (above) and in the schedule of permitted occupation below.
Exceeds the maximum permitted number of households for the property as detailed in conditions 1,1A, 1B, (above) and in the schedule of permitted occupation below.
Exceeds the maximum number of persons per room as detailed in condition 1A (above) and in the schedule of permitted occupation below.
Exceeds the maximum permitted number of persons for any letting as detailed in conditions 1,1A, 1B, (above) and in the schedule of permitted occupation below.

A new resident means a person who was not an occupier of the property and/or the specific room at the date of the issue of the licence.

1.d The Licence Holder must notify the local housing authority of any room in the HMO with a floor area of less than 4.64 square metres.

Schedule of permitted occupation

Maximum numbers allowed in a dwelling and maximum numbers of persons per room

Room description

Location

Room size (sq. m)

Maximum permitted number of occupants per room

Total maximum permitted number of persons for the property: XX Persons

Total maximum permitted number of household for the property: XX Households

Documents to be displayed

2.b The Licence Holder shall display notices in the common parts with the following information:

Name, Address and Emergency Contact number of the Licence Holder or managing agent AND
a notice specifying the occupancy limits as stated in this licence. (You may wish to display a copy of the relevant pages of this licence)

Written tenancy agreements and references

3. The licence holder shall retain copies of all tenancy and/or licence agreements for the duration of the licence and ensure that all occupants of the house are provided with such an agreement at the beginning of their occupancy. The licence holder shall provide a copy to Redbridge Council within 28 days of receiving a written demand.

4. The Licence Holder shall obtain references from persons who wish to occupy the property, or a part of the property, before entering into any tenancy or licence or other agreement with them to occupy the property. No new occupiers shall be allowed to occupy the property if they are unable to provide suitable references.

(References should be as a minimum, checks to ensure the tenants identity, whether they have the right to rent a property (see www.gov.uk/check-tenant-right-to-rent-documents/who-to-check ), their ability to pay rent and their past tenant history.) The Licence Holder must retain all references obtained for occupiers for the duration of this licence and provide copies to the Council within 28 days on demand.

Good references will mitigate the likelihood of the occupants causing anti-social behaviour within the area.

5. In the case of verbal references, the licence-holder must make a written record of the reference including the date obtained and their name, address and telephone number of the person providing the reference. The licence holder shall retain all references for the duration of the licence and provide a copy to Redbridge Council within 28 days of receiving a written demand. This condition applies to any agreement made on or after the licence is granted.

Gas safety

6.a If gas is supplied at the property, the Licence Holder shall take all reasonably practicable steps to ensure that all gas installations and appliances are in a safe condition.

6.b The Licence Holder must keep a current valid gas safety certificate obtained within the last 12 months by a Gas Safe registered Engineer or, if the boiler was installed less than 12 months ago, a Gas Safe Installation Certificate. A copy must be provided to the Council within 28 days on demand. Copies of this certificate must also be provided to all occupiers at the start of their occupation.

Furniture safety

7. The Licence Holder shall,

keep furniture made available by him in the house in a safe condition. All upholstered furniture made available in the property should comply with current fire safety legislation.
supply to the Council, on demand, a declaration by him as to the safety of furniture within 28 days of a request being made by the Council.

Electrical safety

8. The Licence Holder shall,

keep all electrical appliances made available by him in the house in a safe condition.
supply to the Council, on demand, a declaration by him as to the safety of such appliances within 28 days of a request being made by the Council.

9. The licence Holder shall

ensure that every electrical installation in the house is in proper working order and safe for continued use; and
supply to The Council, on demand with a declaration by him as to the safety of such installations within 28 days of request being made by the Council.
supply to The Council, on demand a copy of a ‘satisfactory’ electrical installation condition report (EICR) for the property, (a copy of which should have been supplied to the tenant) within 28 days of request being made by the Council. The EICR must be produced by a competent person who is appropriately qualified.

Fire Safety- Risk Assessment, Smoke Alarms & Carbon Monoxide Alarms

10. Fire Risk Assessment- The Licence Holder shall carry out a fire risk assessment in accordance with the Regulatory Reform (Fire Safety) Order 2005 and take action to minimise the risk of fire in accordance with the assessment.

The Licence Holder shall ensure that any firefighting equipment and fire alarm at the property are maintained in good working order.
The Licence Holder must provide to the Council, within 28 days on demand, a copy of the fire risk assessment, all periodical inspection reports and test certificates for any automatic fire alarm system, emergency lighting and firefighting equipment provided in the property.
The Licence Holder shall arrange for the fire alarm system to be tested at monthly intervals by a person with adequate knowledge of the system and a log kept recording test details.
The Licence Holder shall arrange annual inspection and servicing of the fire alarm system and any emergency lighting system by a competent and suitably qualified person and a log kept recording test details. For the purpose of this condition, a suitably qualified person means an individual or organisation that is accredited by a UKAS certified certification body, to carry out inspection and servicing of fire alarm systems.

For further advice see: www.gov.uk/government/collections/fire-safety-legislation-guidance-for-those-with-legal-duties

11. The licence holder shall ensure that a smoke alarm is installed on each storey of the house on which there is a room used, wholly or partly, as living accommodation and each such alarm shall be kept in proper working order. The license holder shall provide to Redbridge Council a declaration as to the condition and positioning of such alarms within 28 days of receiving a written demand.

12. The licence holder must 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 fixed combustion appliance other than a gas cooker; and that
any such alarm is kept in proper working order; and that
Redbridge Council is provided with a declaration as to the condition and positioning of such alarms within 28 days of receiving a written demand

Please note: For Condition 11 & 12 a “room” includes halls and landings; and bathrooms and lavatories all of which are recognised as living accommodation.

Property management, inspections, and maintenance

13. The Licence Holder shall provide to Redbridge Council the following information within 28 days of receiving a written demand:

The names, ages and numbers of individuals / households accommodated in the HMO specifying which rooms they occupy within the HMO and
The number of individuals in each household

14. The licence holder shall ensure that inspections of the property are carried out at least every four (4) months to identify any problems relating to pest infestation, the general condition of the premises, the occupation and the management of the property and a log shall be kept recording inspection details. The log shall include the

date and time of inspection,
name of person conducting the inspection, issues found, and actions taken.

The licence holder shall provide a copy of the log to Redbridge Council within 28 days of receiving a written demand.

15. Upon the licence holder becoming aware of a pest problem or infestation at the property, they shall take steps within 7 days to ensure that an appropriate treatment programme is arranged to eradicate the pest infestation. Records of such treatment programmes shall be kept for the duration of the tenancy agreement or the licence (whichever is the longest) and shall be provided to Redbridge Council within 28 days of receiving a written demand.

16. The Licence Holder shall ensure that any repairs, improvement works or treatments at the house are carried out by competent persons who are employed directly by the Licence Holder or an agent/employee of the Licence Holder. Copies of receipts and/or invoices for any such works must be provided to Redbridge Council within 28 days of receiving a written demand.

17. The licence holder shall keep copies of any complaints and/or correspondence relating to pest control, disrepair, and anti-social behaviour at the property for 3 years and the response provided. The licence holder shall provide a copy of the log to Redbridge Council within 28 days of receiving a written demand.

18. The Licence Holder shall comply with any scheme which is provided by the local housing authority to the licence holder, and which relates to the storage and disposal of household waste at the HMO pending collection. The licence holder shall ensure that suitable and sufficient refuse and recycling bins with lids or other suitable receptacles are made available to the occupiers of the property for the storage and disposal of waste pending collection. The licence holder shall ensure that all tenants on commencement of tenancy are given details about the refuse storage arrangements, including the collection date for refuse, recycling, and green waste and how to present their waste for collection. (See: www.redbridge.gov.uk/bins-waste-and-recycling for further information)

19. The licence holder shall ensure that no refuse or bulky waste items are kept in the front or rear garden other than in an appropriate storage container for that purpose. If a bulky waste collection has been arranged, the items to be collected may be placed in the front garden awaiting collection on that day only. If the licence holder becomes aware of the occupiers or visitors breaching this, then they must ensure that a warning letter is sent to the occupiers within 7 days advising them to remove the items immediately. A copy must be kept and must be provided to the Redbridge Council within 28 days of receiving a written demand.

20. The licence holder shall put appropriate management and monitoring systems in place to ensure that all gardens, yards, and forecourts within the curtilage of the property are kept in a reasonably clean and tidy condition and that any boundary fence or wall is maintained in a safe and secure condition.

21. The licence holder shall ensure that all outhouses, garages, sheds, and other structures are kept secure and are not used for living or sleeping accommodation without prior written consent from Redbridge Council.

Changes of ownership, management, layout of other circumstance

22. The licence holder shall inform Redbridge Council in writing within 28 days of any of the following:

change in ownership or management of the house in multiple occupation.
any proposed changes to the construction or layout that would affect the licence or licence conditions; and
any changes to their circumstances which could affect their “fit and proper” person status i.e., any cautions or convictions for any offence involving fraud or other dishonesty, violence, drugs, discrimination, or breach of housing or landlord / tenant law
a change of property manager
a change of address of the Licence Holder or property manager
any application to planning for “change of use” of the property or part of such as: Use Class C3 (single dwelling) to Use Class C4 (small HMO) or from C3 to use class Sui Generis (large HMO) and to provide a copy of planning consent and, if applicable, building regulation certificates if approved https://www.redbridge.gov.uk/planning-and-building/

Manager’s responsibility to comply with licence conditions

23. If the Licence Holder appoints a person to manage ‘manager’ the house during the period of the licence and the licence holder wants the manager to be bound by the conditions of this licence and the manager consents to be bound by the conditions of this licence, the Licence Holder must:

obtain from the manager a written declaration they consent to be liable for the compliance with all restrictions and obligations of these licence conditions, they the Manager has read and understood the licence conditions and agrees to be bound to them
give notice to inform the manager that a failure to comply with the conditions may result in criminal and/or civil liability, including an unlimited fine or a financial penalty of up to £30,000 for each breach
ensure that the aforementioned declaration is signed and dated by the appointed manager and the licence holder.
And within 28 days of the manager’s appointment, ensure that Redbridge council is provided with a copy of the above declaration, where they will consider if a variation of the licence is required.

Manager and /or Licence Holder’s management training & development

24. The licence holder and/or the property manager must complete a Landlord Accreditation course organised by the London Landlord Accreditation Scheme (LLAS), or similar organisation or attend a minimum of 5 hours training provided by another recognised training provider within 18 months of the date of issue of the full licence to prove their competency in managing the property well.

Tenancy management

25. The Licence Holder must ensure that occupants of the house receive a written statement of the terms on which they occupy it and written notice about how they should report disrepair and maintenance issues and how to deal with emergencies, should they arise. Copies of the written statement of terms must be provided to the Redbridge Council within 28 days upon demand.

26. The licence holder shall provide to Redbridge Council the names, ages and numbers and relationships of individuals accommodated in the property at that time within 28 days of receiving a written demand. This is to ensure the correct number of occupants are in situ for the duration of the licence.

27. The licence holder shall give the tenant(s) a copy of the licence to which these conditions relate at the start of their tenancy together with an emergency contact number for the licence holder or manager of the property.

28. The Licence Holder shall not permit any person who in their knowledge has:

been found not to be a Fit and Proper person, or
been made subject to a Banning Order under the Housing and Planning Act 2016 to have control or management of the house or be able to carry out or arrange any repair, improvement, or other building works at the house

29. The Licence Holder must ensure that any deposit taken under an assured shorthold tenancy is protected by placing it in an authorised tenancy deposit scheme. The tenant must be given the prescribed information about the scheme. The Licence Holder must ensure compliance with the requirements of the scheme and the operation of Part 6 in Chapter 4, Housing Act 2004 within the statutory time limit (currently 30 days). A copy of the prescribed information given must be provided to Redbridge Council within 28 days of demand.

30. The Licence Holder must provide to Redbridge Council, in writing, details of the tenancy management arrangements that have been agreed with the tenants to prevent or reduce anti-social behaviour by persons occupying or visiting the house, within 28 days on demand. Such arrangements should include:

Notification of an emergency 24hr contact number (including out of hours response arrangements)
Notification of arrangements for the disposal of rubbish and bulky waste
Written records of property inspections for management and repair issues

31. If an occupant misses a rent payment, the Licence Holder must ensure that the occupant is contacted to ascertain whether he or she still occupies the house; and must ensure that a record of any such contact is kept. If no such contact is or can be made, the Licence Holder must ensure that the house is visited, no later than one month after the date on which the payment became due, to ensure that the house is secure and has not been abandoned.

32. If previous occupants have not surrendered all copies of keys to the access doors to the house, or to the doors of dwellings within the house, the Licence Holder must ensure that the relevant locks are changed, before new occupants move in.

Financial management

33. When rent or licence fees are collected or received in cash from the occupiers, a written rent receipt must be given to the occupiers, within 7 days of receiving the rent. (This can be an email or written invoice confirming to the tenant, the date and amount paid.) Copies of the rent receipts and records must be provided to Redbridge Council within 28 days on demand.

Measures to address Anti-Social Behaviour [ASB]

34. The Licence Holder must ensure that all reasonable and practicable steps are taken to prevent and deal effectively with anti-social behaviour [ASB] resulting from the conduct of occupiers of, or visitors to, the dwelling and must comply with the requirements of conditions (a) to (f ) below (If the Licence Holder has an agent it is still the Licence Holder’s responsibility to ensure their agent acts on their behalf in compliance of the conditions) For the purpose of these conditions, anti-social behaviour is taken to comprise behaviour by the occupants of the house and/or their visitors, which causes a nuisance or annoyance to other occupants of the house, to lawful visitors to the house or to persons residing in or lawfully visiting the locality of the house.

If the Licence Holder receives a complaint from any person or organisation (including the Council) regarding antisocial behaviour involving the occupiers of or visitors to the property, the Licence Holder must ensure that the occupiers are contacted within 7 days of receiving the complaint. The Licence Holder must ensure that the occupiers are informed in writing of the allegations of the ASB and of the consequences of its continuation.
If the Licence Holder is informed by Redbridge Council, Police or other organisation that any occupiers have entered into a Community Resolution; or have been issued with an Acceptable Behaviour Contract; or a civil injunction has been obtained against the occupiers; or if the occupiers have been prosecuted in relation to ASB, the Licence Holder must either visit the house within 7 days of being notified or ensure that it is visited by the person managing the house. The occupiers must be provided with a warning letter advising them (amongst other things) that their behaviour is not acceptable, that they are responsible for the conduct of their visitors, the impact on the victims and local community, and of the consequences of its continuation.
Any letters, emails, legal notices, or other documents relating to ASB, which are sent or received by the Licence Holder, or the agent on behalf of the Licence Holder, must be copied and kept for 5 years by the Licence Holder.
Where the Licence Holder has reasonable grounds to suspect that the ASB involves criminal activity the Licence Holder must ensure that the appropriate authorities are informed.
The Licence Holder shall co-operate with the Police and Council in resolving ASB in any licensed property under their control. Such co-operation includes attending or being represented at any case conferences or multiagency meetings and providing information to the Police or the Authority when requested.
Any correspondence, letters and records referred to in conditions 33 (a) to (e) must be provided by the Licence Holder to Redbridge Council within 28 days of demand.

35. The licence holder shall not allow off-street parking which involves mechanical vehicular travel across a footway or verge unless an appropriate footway crossing and dropped kerb has been installed, as approved by the Highways Department.

Measures to address disrepair complaints

36. The Licence Holder shall ensure that, if they are informed, in writing, by email or other form or communication, a complaint of disrepair or pest infestation in the property from the occupiers or the Council, they take action to remedy the disrepair and/or infestation. The Licence Holder shall respond in writing to any such complaint, within 14 days, stating what action they have or are taking.

Copies of any such written complaint (including by email) and the Licence Holder’s response referred to in condition 20 must be provided by the Licence Holder to the Council within 28 days on demand.

End of Licence Conditions

Penalties for Non-Compliance

Failure to comply with any licence condition without a reasonable excuse may result in a civil penalty of up to £30,000 or prosecution, leading to criminal conviction and an unlimited fine and other penalties as stated in the Private Sector Housing Enforcement Strategy.

Please note that any prosecutions, enforcement, or legal action taken against the Licence Holder, manager, or anyone they are associated with, may affect their ‘fit and proper’ status which could lead to the possible revocation of existing licenses.

The Council will normally seek to publish any prosecutions, enforcement, or legal action in the press and within publicly accessible and governmental intelligence databases. It may also result in an order Banning a person from operating as a landlord within England.

Limitations of licence

Licence Holder Responsibility - Please note, the legal responsibility for compliance with the conditions of this licence remains with the Licence Holder, even if the there is an agent or other entity involved with the management or other involvement of the property. (See also condition 21).

If the property is sold, then the licence holder should arrange for the licence to be revoked and any new owner should make a new application for a licence.

Licence transfer - This licence can NOT be transferred to another person or organisation or property.

Companies and Partnerships - If the Licence Holder is a company or partnership and it is dissolved while the licence is in force, the licence ceases to be in force on the date of dissolution.

Planning permission - This licence does NOT grant any planning approvals, consents or permissions under the Town and Country Planning Act 1990 or any related planning legislation, retrospectively or otherwise. If the property is being used as a House in Multiple Occupation (HMO) this may constitute a breach of planning control and you should check the Council’s website to ensure the correct planning permissions are in place. Since the Council confirmed the introduction of an Article 4 (1) Direction which came into force on 6 December 2019, permitted development rights will no longer apply to small HMO development (Class C4 (houses in multiple occupation)) of the Town and Country Planning (Use Classes) Order 1987 (as amended)) in the borough. Planning permission will be required for such development proposals (HMOs with 3 to 6 unrelated persons).

This licence does not offer any protection against enforcement action taken by the Planning Department. If you are unclear on the matters outlined above, you should seek professional planning advice.

If you do not have planning consent for change of use to an HMO and are required to do so, you will be issued with a 12-month licence and will be required to apply for planning consent within the first 3 months of obtaining this licence.

Building control - This licence does NOT grant any Building Control (Development Control) approvals, consents, or permissions, retrospectively or otherwise. This licence does not offer any protection or excuse against enforcement action taken by the Building Control (Development Control) Department.

Property condition - This licence is NOT evidence that the property is safe or free from hazards and defects. The licence does not offer any protection against criminal or civil legal action being taken against the Licence Holder, or anyone else with an interest in the property, in respect of any hazards, nuisances or any other problems discovered in relation to the condition of the property.

Consumer rights & unfair practices - The Licence Holder’s attention is drawn to Office of Fair Trading’s (OFT) guidance on unfair contracts in relation to their tenancies or licences. The Licence Holder must negotiate its agreements in good faith and must not carry out misleading or aggressive commercial practices. Full information should be supplied to any prospective occupier including details of this licence. Further advice can be found here:

www.gov.uk/government/publications/unfair-contract-terms-cma37 AND

www.gov.uk/government/publications/unfair-terms-in-tenancy-agreements--2 .

It is not the responsibility of the Council’s Property Licensing Team to ensure the Licence Holder has complied with the above statutory requirements. If you are unclear on any of the matters outlined above, you should seek professional advice.

Prosecution/contraventions consequences - Please note that any prosecutions or enforcement action or legal action taken against the licence holder, or anyone associated with licence holder, or the management of the property, may affect the licence holder’s ‘fit and proper’ status. The Council can revoke or vary the licence at any time, giving proper statutory notice.

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