Houses in multiple occupation licence conditions

Houses in multiple occupation – Licence Conditions Housing Act 2004: Part 2

The following are the licence conditions by which the licence holder (or their nominated agent where specified) must adhere to, as required by Sections 67 and 90 and Schedule 4 of the Housing Act 2004.

Failure to adhere to one or more of these licence conditions could result in formal proceedings against you, with a penalty of a fine per breach of condition and/or the loss of your licence. The maximum penalty for allowing the premises to be occupied by more than the licensed number is £20,000.

Notices to be displayed in the property

The licence holder (and manager) shall ensure that a copy of the licence and all conditions are displayed in a conspicuous place in a common area at all reasonable times.
The licence holder (and manager) shall ensure that a copy of the current gas safety certificate (if applicable) is displayed in a conspicuous place in a common area at all reasonable times.
The licence holder (and manager) shall ensure that a copy of the most recent (within five years) electrical installation condition report is displayed in a conspicuous place in a common area at all reasonable times.
The licence holder (and manager) shall ensure that details of what action should be taken by tenants in the event of an emergency are displayed in a conspicuous place in a common area at all reasonable times.
The licence holder (and manager) shall ensure that a sign stating that they do not tolerate anti-social behaviour in the premises is displayed in a conspicuous place in a common area at all reasonable times.

Documents to be submitted to the local authority

The licence holder (and manager) shall submit annually to Maidstone Borough Council a copy of the annual gas safety certificate. The certificate to be submitted (e.g. by email) within 28 days of the date of the certificate.
The licence holder (and manager) shall submit to Maidstone Borough Council a copy of the electrical installation condition report, which must be carried out at least every five years by a competent electrical engineer. The report to be submitted (e.g. by email) within 28 days of the date of the report.
The licence holder shall submit to Maidstone Borough Council an asbestos survey carried out by a competent contractor. The survey must cover at least the communal areas of the premises and be submitted to Maidstone Borough Council within two months of the licence being granted.
The licence holder shall submit to Maidstone Borough Council a Fire Risk Assessment for the premises within two months of the licence being granted.
The licence holder shall submit to Maidstone Borough Council a Legionella Risk Assessment covering at least the communal areas of the premises within two months of the licence being granted.

Documents to be submitted to the local authority when asked

The licence holder (or manager) shall submit to Maidstone Borough Council when asked, a declaration as to the safety of the electrical installation and appliances.
The licence holder (or manager) shall submit to Maidstone Borough Council when asked, a declaration as to the condition and positioning of the smoke alarms.
The licence holder (or manager) shall submit to Maidstone Borough Council when asked, a declaration as to the safety of any furniture that has been provided by the licence holder.
The licence holder (or manager) shall keep a copy of all tenancy agreements for the house and produce them if requested by Maidstone Borough Council.
The licence holder (or manager) shall submit to Maidstone Borough Council, within 14 days of a request, a copy of the record of all complaints regarding anti-social behaviour received from occupiers, visitors and neighbours and the actions taken to prevent further complaints.

Documents to be provided to occupants

The licence holder (or manager) shall provide each occupier with a written statement of the terms on which they occupy the house.
The written statement should include the following information: how deposits will be held and terms of return; an inventory of contents and condition at the commencement of the tenancy; details of rent and dates due, rent payment methods and how and when rent may be increased; and provide contact information for the manager of the property.

A model tenancy agreement can be downloaded on the GOV.UK website. The licence holder and manager to comply with the General Data Protection Regulations 2018 when holding occupier’s details.

Management duties

The licence holder and manager shall ensure that electrical installation and appliances made available by the licence holder and manager are in proper working order and safe for continued use.
The licence holder and manager shall ensure that smoke alarms, fire precautions and fire-fighting equipment are installed in the premises and that they are kept in proper working order.
The licence holder shall ensure that (as a minimum) a smoke alarm is installed on each storey of the premises on which there is a room used wholly or partly as living accommodation and to keep such alarm in proper working order.
The licence holder shall ensure that a carbon monoxide alarm is installed in any room (including hallways, landings, WC’s and bathrooms) in the premises which contains a solid fuel burning combustion appliance, to keep such alarm in good working order and supply the local authority, when asked, a declaration as to the condition and position of such alarm.
The licence holder and manager shall ensure that all furniture made available by the licence holder is kept in a safe condition.
The licence holder and manager shall ensure that the alarm and emergency lighting installations are serviced at least every 12 months in accordance with BS 5839 & BS 5266 respectively.
The licence holder or manager shall keep a logbook of all maintenance/ repairs/servicing of these installations, which shall be produced at the request of the occupants and / or Council Officer at all reasonable times.
You are advised to enter into a service/maintenance contract with an alarm system engineer.
The licence holder and manager shall allow entry to the common parts of the house by Council officers or Fire Officers at all reasonable times. All reasonable assistance shall be given to those officers in carrying out their duties.
The licence holder shall ensure that the house is compliant with Maidstone Borough Council’s approved standards for houses in multiple occupation.
The licence holder and manager shall ensure that all amenities, facilities and equipment provided for the occupants are adequately maintained and remain available for use at all times.

Duty to notify the local authority

The licence holder shall notify the Council, in writing, of any proposal to increase the number of licensed persons or households living in the premises.
The licence holder [or manager] shall notify the Council, in writing, about all incidents of fire, damage to equipment provided for fire safety purposes, criminal activities in the house and incidents involving carbon monoxide poisoning i.e. all fires, vandalism, gas poisoning (suspected or otherwise), etc.
The licence holder (and their managing agent) shall inform the Licensing Authority of any relevant changes in their circumstances including:

any new convictions / cautions which may be deemed relevant to the fit and proper person test;
any change in ownership or management of the licensed property; and
any substantial works carried out at the licensed property.

The licence holder shall submit a completed licence application form to reapply for a licence 28 days prior to the expiry date of the existing licence.

Anti-Social Behaviour

The licence holder (and manager) shall take reasonable steps to prevent occurrences of anti-social behaviour. One example of preventing occurrences of antisocial behaviour is obtaining satisfactory references to determine prospective tenant’s suitability.
The licence holder (or manager) shall keep a record of all complaints regarding anti-social behaviour received from occupiers, visitors and neighbours.

The record shall include the:

Date and time of complaint
Name and address of complainant (person making complaint)
Date and time of incident
Details of the incident/ complaint (location, what exactly happened, who was involved)
Details of any witnesses
Name and address of the alleged ‘perpetrator’
Action taken by the licence holder to resolve the problem (e.g. contact made with the ‘alleged perpetrator’; face to face or by letter or both).

The licence holder shall take all reasonable and practicable steps to reduce antisocial behaviour by persons occupying or visiting the house and shall if appropriate take legal advice and act either to issue formal warnings or evict those responsible for the anti-social behaviour.

Room sizes

The licence holder (and manager) must comply with the Council’s adopted minimum room sizes and also ensure that any room in the premises;
1. used as sleeping accommodation by one person aged 10 years or more is not less than 9m² and must not be occupied by more than the maximum number of persons specified below (Permitted numbers);
2. used as sleeping accommodation by two persons aged over 10 years or more is not less than 14m² and must not be occupied by more than the maximum number of persons specified. below (Permitted numbers);
3. used as sleeping accommodation by one person aged under 10 years is not less than 6.5m² and is not occupied by more than the maximum number of persons specified below (Permitted numbers);
4. under 6.5m² is not occupied as sleeping accommodation and must notify the Council of all such rooms

Any part of the floor area of a room which has a ceiling height of less than 1.5 meters is not included in the floor area calculation.

Where the room sizes above are breached and the licence holder or manager has not knowingly permitted the breach the licence holder must rectify the breach within a period specified by the Council.

The definition of an occupier can be found in section 262 of the Housing Act 2004. The maximum number of persons above does not include a visitor of the occupier if that visitor does not use the premises as their main or only living accommodation.

Household waste

The licence holder (and manager) must ensure that sufficient bins or other suitable receptacles are provided that are adequate for the requirements of each household occupying the premises for the storage of refuse and litter pending their disposal. The licence holder must also make such further arrangements for the disposal of refuse and litter from the premises as may be necessary, having regard to any service for such disposal provided by the Council.

Permitted numbers

The maximum number of occupants who can occupy the letting rooms are shown below, please note that the maximum number of occupants must not exceed x people (of any age) at any one time.

Room location – Maximum permitted occupants

Anti-Social Behaviour

Examples of anti-social behaviour include:

Causing a nuisance or annoyance to other occupiers and neighbouring residents;

Harassing anyone in the local area (because of their race, colour, nationality, ethnic origin, sexuality, sex, religion, politics, age, medical condition, or disability);

Violence (including domestic abuse) against any person (including the landlord or persons acting on their behalf);Interfering with security or safety equipment;

Using the property (including all communal areas, bin stores, yards and gardens etc) for any criminal, immoral or illegal purpose, including buying, selling or using any illegal drugs, or storing or handling stolen goods;

Damaging any part of the premises and property or neighbouring premises and property.