Decision details

Selective and Additional (HMO) Licensing Schemes Re-designation 2023 - 2028

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Selective Licensing requires all private sector landlords to apply for a licence to let out their property in designated area/s. Additional (HMO) licensing scheme would cover a broader range and types of Houses in Multiple Occupation than covered by existing mandatory licensing, again in designated areas of the borough.

Decisions:

The Cabinet considered the report of the Assistant Director of Place (Economic Growth and Housing) which provided details of the results of the formal public consultation on the proposal to re-designate the Selective and Additional (HMO) Housing Licensing Schemes, as previously approved by the Cabinet on 2 December 2021 (Minute No.76); and which sought approval to re-designate both a Selective Licensing Scheme and two additional Houses in Multiple Occupation (HMO) Licensing Schemes in designated areas of the borough, together with associated matters.

 

Decision Made: That:

 

(1)      approval be given to the re-designation of a selective licensing scheme in the defined area of Bootle and two additional HMO licensing schemes in the defined areas of central Southport and areas of Waterloo/Seaforth/Brighton Le-Sands;

 

(2)      approval be given to a commencement date for the schemes of 1 March 2023;

 

(3)      the licence conditions, as set out in Background Papers 2 and 4 to the report be approved;

 

(4)      the fee structure, along with the recommended fee reductions and exemptions be approved; and

 

(5)      approval be given to the preparation and publication of a Public Notice of designation under sections 80 and 83 of the Housing Act 2004. This Notice shall allow for the designation of the chosen areas for the introduction of a Selective Licensing and two Additional (HMO) licensing schemes.

 

(6)      the Assistant Director of Place (Economic Growth and Housing) be authorised in consultation with the Cabinet Member for Communities and Housing to agree any minor/technical changes to the schemes (non-fundamental changes); and

 

(7)      it be noted that the Assistant Director Place (Economic Growth and Housing) will be asked to approve a supplementary revenue estimate of £40k for the first month of operation in 2022/23, in line with the requirements of the Financial Procedure Rules, which will be fully funded by income from the scheme. The budget allocations for future years will be included within the next Budget Report.

 

Reasons for the Decision:

 

To improve the private rented sector and to ensure safe homes for our residents and landlords as set out in our housing strategy.

 

Cabinet authority is required for the introduction of a selective housing licensing scheme across the designated area, and two additional (HMO) licensing schemes within the Borough.

 

Alternative Options Considered and Rejected:

 

1.Do nothing

 

Sefton could choose not to re-designate the current housing licensing schemes and revert back to a solely reactive service, responding to complaints, linked with more aggressive promotion of the Landlord Accreditation scheme. This option is unlikely to have significant impact due to Landlord Accreditation being a voluntary scheme, with only the better landlords obtaining accreditation status.

 

2. Expand the Enforcement Regime

 

The Council also has a continued reactive enforcement approach in relation to privately rented properties, dealing with cases as they present themselves, generally from complaints from tenants. A more proactive approach could be taken to target the worst landlords. This would develop an outward facing image of enforcement in relation to rogue landlords.

 

To practically do this would involve the need to increase the resourcing allocated to the Housing Standards Team by a minimum of 4 additional posts. This cost could be up to £210,161 per annum. This is a more traditional enforcement approach and less of an enabling one than licensing has brought.

 

3. Introduce a borough wide Selective Licensing Scheme

 

Officers also considered introducing a borough wide scheme, but this was not taken forward because the evidence is not yet sufficient to introduce the whole borough h and therefore such an application is unlikely to be supported

Report author: Clare Taylor

Publication date: 11/10/2022

Date of decision: 06/10/2022

Decided at meeting: 06/10/2022 - Cabinet

Effective from: 19/10/2022

Accompanying Documents: