Council crackdown on rogue landlords
Scarborough
Borough Council is launching a crackdown on rogue landlords in a
bid to drive up standards in bedsit accommodation.
The campaign to get owners of HMOs – or
houses of multiple occupation – licensed, follows a court case in
Liverpool in which the owners and managers of an unlicensed house
in multiple occupation were fined by magistrates and ordered to
repay rent to tenants.
Scarborough Borough Council Housing
Manager, Andrew Rowe, said: “It’s not acceptable for landlords to
be running HMOs within the borough without the necessary permission
to operate.
“The license is essential to ensure
that HMOs are properly managed and regulated and offer safe and
decent accommodation. Unfortunately history shows that without this
proper regulation in place HMOs can be death traps if for example
there is a fire, so we will take every action possible against all
owners who ignore licensing.
“If you are a landlord running a HMO that
by law should be licensed and you are not licensed, you will
not only face prosecution but you could be forced to repay rent or
have housing benefit recovered for up to 12 months.”
The Housing Act 2004 defines Houses in
Multiple Occupation as “buildings or parts of buildings which are
occupied by more than one household. These may be occupied as
bedsits, shared houses, self contained flats or hostels, or a
combination of these”.
There are an estimated 1,500 HMOs in the
Scarborough borough, the majority of them privately rented,
generally by people on the lowest incomes who would otherwise not
have access to the housing market.
Previous stock condition surveys and
historical evidence from housing enforcement activity carried out
by the council shows many HMOs tend to be poorly managed, often
with inadequate fire safety measures in place. Many HMOs also have
disrepair issues, have insufficient amenities and are lacking in
thermal comfort.
In 2010/11 the council’s private sector
housing team investigated 293 complaints regarding the standard of
accommodation in HMOs, the majority of these relating to fire
safety issues.
The council now wants to ensure that all
300 or so HMOs which fall under the mandatory licensing scheme are
up to scratch by 31 March next year. Specifically, that relates to
HMOs comprising three or more storeys and occupied by five or more
persons, forming two or more households who share facilities.
Licenses are granted where premises are
suitable for occupation as an HMO, the management arrangements are
satisfactory and the licensee and manager are fit and proper
persons.
It is an offence to operate a licensable
HMO without a license. On conviction of the offence, a person may
be liable to a fine of up to £20,000. And if found guilty, a
Residential Property Tribunal can make a Rent Repayment Order which
orders the repayment of housing benefit to the council, or rent to
the tenant.
To ensure that mandatory licensing rules
are followed and to prevent the operation of unlawful HMOs, the
council says it will instigate enforcement action against any
landlord found operating a licensable HMO who ignores the licensing
rules.
If you are a landlord and are in any doubt about whether your
property may require licensing or if you require any help, advice
or an application pack, contact the council’s HMO Licensing
Officer, Sarah Dargue, on 01723 383683.