Additional Licensing is discretionary within the Local Housing Authority’s boundaries. This category is for lesser risk properties, such as smaller shared houses 3 occupiers or as converted flats, but by their definition still falls into Houses in Multiple Occupation or HMO’s

Shared Accommodation  – Properties occupied by three or four persons,forming two or more households

Conversions  – Houses which have been converted into self contained flats, but NOT to 1991 Building Regulations

These are detailed in Section 254 of the Housing Act 2004

Section 254 Meaning of “house in multiple occupation”

(1) For the purposes of this Act a building or a part of a building is a “house in multiple occupation” if—

(a) it meets the conditions in subsection (2) (“the standard test”);

(b) it meets the conditions in subsection (3) (“the self-contained flat test”);

(c) it meets the conditions in subsection (4) (“the converted building test”);

(d) an HMO declaration is in force in respect of it under section 255

or

(e) it is a converted block of flats to which section 257 applies

Whilst Section 257 properties are specifically excluded from Mandatory Licensing, they may be licensed under these powers

Section 257 properties are those which have been converted into self contained flats, but this conversion has not been done to the standard of the 1991 Building Regulations, and some times called pooply converted flats, and still does not conform.

(1) For the purposes of this section a “CONVERTED BLOCK OF FLATS” means a building or part of a building which—

(a) has been converted into, AND

(b) consists of, self-contained flats.

(2) This section applies to a converted block of flats if—

(a) building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them; AND

(b) less than two-thirds of the self-contained flats are owner-occupied.

Primarily Part 11 of the 1991 Building Regulations focus on Means of Escape in case of fire, and amenity standards

Before a local authority can enforce Additional Licensing, there must be consultation with landlords, also if a local Housing Authority (LHA) had an area that was set aside as a Registration area under the Housing Act 1985, then the LHA can bring this area inline with Mandatory Licencing policy. Meaning that the Housing Act 2004 expresses that an HMO is a property occupied by three or more persons, who are unrelated and sharing amenities. If this type of property is within the old boundary of registration, it would now need to be Licensed as an HMO the same way as Mandatory Licensing above. Failure to apply for a Licence could mean a fine of £20,000 being imposed.

A house which has been converted into self contained flats, and does not meet the 1991 Building Regulations, but is outside the Licensing area is STILL AN HMO and therefore would have to conform to the Housing Health Safety Rating System or HHSRS, which means that basic fire precautions and means of escape in case of fire would need to be in place, plus the electrical installation must be sound ie. up to current specification being 17th Edition of IEE Wiring Code. Gas appliances would need to be tested annually as will all lettings,and the property must be free from hazards, such as damp, mould, condensation, trips or falls to to uneven surfaces or worn carpeting.

Therefore, it is imperative that Landlords current or prospective know exactly what they need to be aware of as many landlords are now being effected by these powers of licensing

If you are a landlord, check with your LHA as soon as possible to ensure that you are compliant with your authority’s regulations and licensing policy, you may find that you are not and could be facing prosecution

For tenants, ensure that your property is safe and if you have any queries, go to your local Environmental Health Dept. for more information on your property in their control – It might save your life.

The Act also introduces a power for LHAs to introduce selective licensing to deal with particular problems in an area.

Additional Licensing / Change in Policy

Up until now, Additional Licensing of an HMO as been discretionary on the local authority and had to follow guidelines

Be in a specific area or type of HMO
Smaller lower risk HMO

Consult with the National Authority ie, Secretary of State, Welsh Assembly Government etc

Consult with Local Landlord and Landlord groups

Public awareness

However, since the announcement made by John Healy that planning permission would be required for change of use into an HMO,, this will make a big impact on the way the local authorities act on lower risk HMOs.

From April 2010 in England and no doubt shortly after in Wales, a landlord will have to apply for planning permission for occupation of a property as an HMO.

This would mean that even the lower risk HMOs (Three person & two households) would require planning approval. – This would affect NEW hmos