Selective Licensing scheme guide

What is Selective Licensing and why introduce it in Ashfield?

The Housing Act 2004 provides councils with the power to introduce licensing of privately rented properties in selected areas with the aim of improving conditions for local tenants and the surrounding community.

Selective Licensing requires all private rented properties within the designated area to be licensed. Certain standards and conditions are required to be met in order for a licence to be granted.

We recognise that there are many good landlords in the licensing areas, however there are also problems associated with poor quality or hazardous rented property, transient populations, poorly behaved tenants and anti-social behaviour which can have a detrimental effect on the community.

As an area becomes less attractive, properties are left empty or increasingly are purchased by speculative investors. These landlords may have no interest in the area and often rent to tenants who have not been properly vetted, leading to further anti-social behaviour and decline.

Selective licensing was first introduced in parts of Stanton Hill and Sutton Central (New Cross) for a 5 year period, commencing February 2017. In late 2021 a review of the schemes was conducted. The review concluded that there had been improvements in property condition and management practices but that it remained work in progress and some wider ASB and community based issues persisted.

The review recommended renewing selective licensing in the designated areas albeit with revised geographical boundaries and a review of the principles of the schemes and scheme conditions.

Under the terms of the new schemes the Council believes that Selective Licensing will benefit the designated areas by increasing demand for property by:

• Ensuring privately rented properties are well managed
• Tackling unprofessional landlords and supporting good landlords
• Reducing anti-social behaviour through more stable communities, more responsible and knowledgeable tenants and fewer empty properties
• Ensuring the local area is a more attractive place to live
• Encouraging responsible residents to stay.

Selective licensing will operate in designated areas within Stanton Hill and Sutton Central (New Cross).

Details of the streets that are included in the scheme can be viewed on a map (see the related documents section of this page) or are listed.

Stanton Hill

• Brand Lane, Stanton Hill
• Institute Street, Stanton Hill
• Cooperative Street, Stanton Hill
• Victoria Street, Stanton Hill
• Albert Street, Stanton Hill
• New Lane (Longden Terrace) ,Stanton Hill
• High Street, Stanton Hill
• Cross Row, Stanton Hill
• Stoneyford Road, Stanton Hill only 317-335

Sutton Central (New Cross)

• Chatsworth Street,Sutton in Ashfield
• St Michaels Street, Sutton in Ashfield
• Outram Street, Sutton in Ashfield
• North Street, Sutton in Ashfield
• Downing Street, Sutton in Ashfield
• Beighton Street, Sutton in Ashfield
• Morley Street, Sutton in Ashfield
• Lime Street, Sutton in Ashfield
• East Street, Sutton in Ashfield
• Stoney street, Sutton in Ashfield
• Walton Street, Sutton in Ashfield
• Morley Street, Sutton in Ashfield
• Preistsic Road, Sutton in Ashfield 16-80 Evens side
• Bentinck Street , Sutton in Ashfield
• Park Street , Sutton in Ashfield
• Portland Street, Sutton in Ashfield

If you are unsure as to whether your property falls within the designated area please contact us:

• email: selectivelicensing@ashfield.gov.uk

Types of properties

All private rented properties within a designated Selective Licensing area will need to be licensed.

If the property is a self contained flat within a block, then each rented flat must be licensed.

If the property is a shared house and there fewer than 5 tenants then just one licence is needed, individual residents do not need their own licence. If the shared house contains 5 or more tenants forming more than 1 household, the property is classed as a large house in multiple occupation and a HMO licence is needed.

Properties exempt from licensing

The legislation allows certain properties to be exempt from licensing. These properties include:

The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006

• Those managed or controlled by Registered Social Landlords or local housing authorities.
• Buildings regulated by other legislation such as Mandatory HMO licensing.
• Holiday lets.
• Tenancies under a certain long lease
• Business tenancies or where the council has taken action to close the property.
• Homes occupied by close relatives of the owner.

If you feel you are exempt from licensing please complete a Licence Exemption Form, where you can state your reasons for the exemption. In all these circumstances you will need to provide evidence of the arrangement and the reason for your exemption. Further enquiries will then be made to determine the exemption.

If we do not agree that the property is exempt, you will be asked to apply for a licence.

The property owner, landlord or managing agency can complete the licence application.

Licence holder nomination

As part of the application form you will be asked to nominate a licence holder. This will normally be the property owner but it can also be a person designated by the owner, such as a managing agent.

We would expect the nominated licence holder to have the power to:

• let and terminate the tenancies
• access all parts of the premises to the same extent as the owner; and
• authorise expenditure to ensure necessary repairs and maintenance is carried out.

Fit and proper person checks

Checks will be conducted to ensure the designated licence holder and manager where there is one is a ‘fit and proper person’.

As part of this we will need to consider any past behaviour that may compromise the welfare of the tenants and the good management of the property. Things to consider include:

• Any previous convictions relating to violence, sexual offences, drugs, fraud or other dishonesty
• Whether the person has broken laws relating to housing or landlord and tenant issues. This means where action has been taken against the person following the breach of a housing enforcement notice, where there has been a failure to comply with HMO management regulations, harassment or illegal eviction for example
• Whether the person has been found guilty of unlawful discrimination in connection with the running of a business
• Whether the person has previously managed a licensed property and has infringed any approved code of practice, or been refused a licence
• If the proposed licence holder resides outside the UK
• Inadequate financial resources.

To enable us to determine whether the proposed licence holder and manager are suitable the applicant(s) must:

• Make a declaration regarding their status as the appropriate person and being a fit and proper person to manage the property.
• Indicate whether it has been necessary for this or any other local authority to take action for failure to comply with any relevant Housing legislation or Approved Codes of Practice or issue a HMO Control Order or Interim or Final Management Order in respect of properties owned or managed by the applicant.
• Disclose information which may show that any person associated or formerly associated with the intended licence holder has done any of the above things, since it is necessary to consider this evidence and its relevancy to the applicant’s suitability.

Information in the application form will be shared with Nottinghamshire Police and other local authorities routinely to enable the fit and proper person test to be carried out effectively.

We will also require details of all people involved in the ownership or management. If the proposed licence holder is not deemed to be fit and proper, and a suitable alternative cannot be nominated by the applicant or owner, the licence may not be issued. In such cases the application will be refused.

Data sharing

In submitting your application you are giving permission for us to share information, including personal data, disclosed on your application with other agencies for the purpose of conducting the fit and proper checks.

We will only ask for the information we need to process your Selective Licensing application and once provided, the information will only be used for this purpose. All information will be held securely. For further information please see our Privacy Notice. Once provided, the information will be held securely.

Applying for a licence

You can apply for a licence from 1 July 2022. All applications must be made online.

Apply for a licence

Assuming there are no changes in circumstances, such as a change of ownership, the licence will last for the duration of the Selective Licensing Scheme, up to 24 July 2027. You do not need to reapply each year.

We have tried to make the application form as simple and straightforward as possible, with help and advice being provided alongside questions on the application form.

Supporting documents

When completing the form you will be asked to upload supporting documents and pay the licence application fee.

The supporting documents you need to upload will include;

• Photo ID for the applicant and licence holder
• Proof of address for licence holder and applicant
• Proof of your accreditation status (if you are seeking to pay the reduced licence fee)
• Valid gas safety certificate
• EICR
• EPC
• Tenancy agreement

We would encourage you to upload all of your supporting documentation when you complete your application. If you do not have everything to hand it is important you revisit your application and upload the documents as soon as possible. Without these your application is incomplete and cannot be processed.

A failure to upload the information could delay you receiving your licence and in the worst case could lead to further action for failure to licence.

Applications can be made by owners or managing agents on behalf of owners. When applying for a licence you will need to confirm the details of the person who will be the licence holder. This can be the owner, managing agent or another person responsible for managing the property day to day.

The applicant and the licence holder will be required to sign declarations as to any prior relevant criminal convictions or enforcement and that the licence holder will abide by the terms of the licence conditions.

Licence fee

The licence fee is £350 per property and must be paid in full when you submit your online licence application.

A £100 discount is available for applicants who are members of a landlord accreditation scheme (at the time of applying). To be eligible for the discount details of the accredited body and membership number must be included on the licence application form.

Accredited landlord bodies operating in Ashfield include DASH (Decent and Safe Homes).

Please note:

Licence application fees are none refundable.

Licence application forms will be checked to ensure they have been completed correctly, that supporting documentation has been uploaded and the correct licence fee paid. If there are any issues or errors we will contact you.

Property inspection

We will then arrange to inspect the property at the convenience of the tenant. The owner/managing agent can also be present during the inspection.

We will then prepare a draft licence and send it to the interested parties you have detailed in the application form. These will include any owners, the mortgagee and tenants who have resided at the property for more than 3 years. This enables these people to make representations regarding the application and proposed licence.

Representations

If representations are received we will review these and we can then make changes to the proposed licence or we may need to discuss these with the proposed licence holder for the applicant to consider changes. If changes are made a second consultation will take place.

If the draft licence receives no adverse representations then a licence would normally be granted at this stage. Any follow up enforcement in relation to the inspection such as advice letters or enforcement notices will follow outside the licensing process.

Application time scale

It typically takes 8 weeks from a completed and correct licence application being received to a draft licence being issued. The time taken to issue the full licence is dependent upon the representations received. Delays can occur but we will endeavour to keep you up to date and to advise you if there are any issues or problems that are holding up the process.

When submitting a licence application form you are committing to complying with the Selective Licensing conditions. The licensing conditions are split into 2; regulatory conditions are those set out in legislation, and local conditions determined by the Council.

Regulatory conditions

Gas Safety

If gas is supplied to the house, the licence holder must produce to Ashfield District Council at the time of application, and on demand by the Council thereafter, a gas safety certificate obtained in respect of the house within the last 12 month.

Electrical Appliances

The licence holder must keep electrical appliances made available by them in the house in a safe condition, and supply the authority (at the time of the application and on demand thereafter) a declaration by the licence holder as to the safety of such appliances.

Furniture

The licence holder must keep furniture made available by them in the house in a safe condition, and supply the authority on demand a declaration by the licence holder as to the safety of such furniture. The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended 1989 and 1993) sets out requirements.

Smoke Detectors

The licence holder must ensure that smoke alarms are installed in the house and that they are kept in proper working order. They must also supply the authority on demand a declaration by the licence holder as to their condition and positioning.

Carbon Monoxide Alarms

The licence holder shall ensure that a carbon monoxide alarm is installed in any room of their properties used wholly or partly as living accommodation where a fixed combustion appliance is present (excluding gas cookers). Any such alarm must be kept in proper working order. For the purposes of this paragraph, a bathroom, lavatory, hall or landing are all treated as being a room used as living accommodation.

Terms of Occupation

The licence holder must supply to the occupiers of the house a written statement of the terms on which they occupy it. A copy must be supplied to the Council on demand.

References

The licence holder must demand references from persons who wish to occupy the house. Evidence of this must be provided to the Council on demand.

Safe electrical installations

The Licence Holder must ensure that the premises are covered by a valid current (i.e. dated within the previous 5 years) Domestic Electrical Installation Periodic Report for all of the electrical installations throughout the period of the licence. The Licence Holder will supply the Council, on demand, with a copy of the periodic inspection report; and ensure that all stated recommendations for urgent attention and improvement (Codes 1 and 2) are carried out within 28 days of the inspection report.

Fire detection

The Licence Holder must ensure that all fire detection systems, means of escape and fire-fighting equipment installed in the property are at least annually inspected by a competent person, and are adequately maintained and tested in accordance with any manufacturer’s instructions. The Licence Holder must make a declaration on application and thereafter within 28 days of a request by the Authority.

Property inventory

The Licence Holder must arrange to carry out a detailed inventory to be agreed with each occupant at the start of their occupation of the house. The Licence Holder must keep a copy of the inventory at their business address.

Repair reporting and inspections

The Licence Holder must ensure that occupants of the house receive written confirmation about how they must deal with repairs and emergencies should they arise. The Licence Holder must ensure that inspections are carried at least every 6 months to identify problems relating to the condition and management of the property. A copy of the tenancy management arrangements and a log of the inspections carried out must be provided within 28 days of a request by the Authority.

Protecting the deposit

The Licence Holder must protect any tenancy deposit taken under an assured shorthold tenancy by placing it in a statutory tenancy deposit scheme, and must advise the tenants where it has been placed.

Compliance checks

The Licence Holder must cooperate with the Authority by allowing an authorised person with identification to access the house for the purpose of carrying out licence compliance checks. Officers would normally give at least 24 hours’ notice to the Licence Holder or property manager, but unannounced visits may be made by authorised officers where deemed reasonable and appropriate.

Rubbish in the garden

The Licence Holder must state in any written agreement with the tenant that no refuse (or rubbish) must be kept in the front or rear gardens (other than in the storage facilities provided).

Energy Performance Certificate

The Licence Holder must obtain a valid Energy Performance Certificate (EPC) for new tenancies. A copy must be made available to all new tenants and produced to the Authority within 28 days of a request by the Authority.

Competent persons

All repairs to the house or any installations, facilities or equipment within it are carried out by competent and reputable persons.

Communal parts

All corridors, stairways, common parts and exit routes are kept free from obstruction and combustible materials

The following conditions relate to the management of the licensed property.

House in Multiple Occupation (HMO)

If the property is a HMO which is not required to be licensed under Part II of the Housing Act 2004, the Licence Holder must ensure that the house is compliant with Ashfield District Council’s approved standards for Houses in Multiple Occupation, according to the type of accommodation offered.

Contact details

The Licence Holder must provide the occupiers of the house with details of the following management information:

• Name of the Licence Holder and property manager (if any);
• A contact address and daytime telephone number;
• A 24-hour emergency contact telephone number including out-of-hours response arrangements.

Management information

If the property is a house in multiple occupation, the management information should also be clearly displayed in a prominent position within the house or added to the Licence / Tenancy Agreement as an Appendix. An emergency contact telephone number for the Licence Holder and any property manager must also be available and notified to the Authority.

New residents

A new resident, that is a person not living at the property when the licence was issued, must not be permitted to occupy the house or any part of the house if that occupation:

• exceeds the maximum permitted number of persons for the house as detailed in the schedule of permitted occupation below;
• exceeds the maximum permitted number of households for the house;
• exceeds the maximum permitted number of persons for any letting as detailed in the schedule of permitted occupation below

Training

The Licence Holder and any property manager shall undertake Council approved training (e.g. UKLAP/LLAS/NLA/EMPO/ARLA/DASH property management training) where required to do so by the Authority.

‘Fit and Proper’

The Licence Holder must ensure that any person involved in the management of the house not detailed in the original licence application is a “fit and proper person” for the purposes of the Act and must notify the Authority of these changes.

Change in circumstances

The Licence Holder must inform the Authority within 10 working days of any changes in their circumstances which may affect their suitability to continue to remain as licensee.

Displaying the licence

The Licence Holder must display a copy of the licence to which the conditions apply in the common parts of the property. Alternatively the Licence Holder must provide each occupier of the house with a copy of the Licence Conditions which are currently in force.

Property inspections

The Licence Holder or his property manager must make regular inspections (at least every 6 months) of the property to ensure that the property is in a decent state of repair and that the occupiers are not in breach of tenancy terms and conditions.

Conditions

Rent payments

If the residential occupier misses a rent payment, the Licence Holder must visit the property no later than one month from the date the payment was due. This is to ensure that the property is secure and has not been abandoned.

Window locks

Where window locks are fitted, the Licence Holder will ensure that keys are provided to the relevant occupants.

Door locks

All door locks must comply with the relevant British Standard applicable at the time of fitting, and any subsequent replacement. Where previous occupants have not surrendered keys, the Licence Holder will arrange for a lock change to be undertaken, prior to new occupants moving in.

Anti-social behaviour

The Licence Holder must take reasonable and practical steps to reduce or prevent anti-social behaviour by persons occupying or visiting the premises, and the use of the premises for illegal purposes

The licence holder must:

• Cooperate with the Council, Police and other agencies in resolving complaints of anti-social behaviour. The Licence Holder and/or their nominated managing agent are required to undertake an investigation of any complaints regarding their tenants

Property inspection

The licence holder/management agents must make regular inspections of the property to ensure that the property is in a decent state of repair and that the occupiers are not in breach of tenancy terms and conditions. To proactively reduce anti-social behaviour associated with private sector accommodation.

Tenant responsibilities

Ensure that each tenant is made aware that they are responsible for their own behaviour and the behaviour of other occupiers and visitors.

Tenants must be made aware that if they, other occupiers, or their visitors:

• cause nuisance or annoyance to neighbours; or use abusive or threatening language or behaviour to neighbours;
• or fail to store or dispose of refuse properly; or cause damage to fixtures, fittings, fire prevention or alarm equipment or installations,
• or to the fabric of the premises; or fail to give access to the landlord or his agent for the purpose of maintaining communal areas
• or upon reasonable notice, to inspect or undertake works within their accommodation.

They will be liable to enforcement action which may include possession proceedings either under the terms of the tenancy, pursuant to s.21 of the Housing Act 1988

Terms and conditions of occupancy

The written statement of the terms and conditions upon which the house is occupied contains a clause holding the occupants responsible for any anti-social behaviour by themselves and/or their visitors; All occupants are aware of the existence of this clause by advising them upon taking up residence;

Responding to complaints

The Licence Holder must respond to complaints of anti-social behaviour that concern occupiers of the premises or their visitors. Where anti-social behaviour is discovered, the Licence Holder must inform the tenant of the matter within 14 days and of the consequences of its continuation;

Investigating complaints

If requested by the Authority, the Licence Holder and / or their nominated agent must provide details of investigations undertaken in relation to their tenants and/or their visitors, providing the names of all involved persons. The Licence Holder must ensure legal compliance to bring a tenancy to an end.

Garages, sheds and outhouses

The Licence Holder must ensure that all outhouses, garages and sheds are kept secured and used for their intended purpose. The Licence Holder must not allow them to be occupied as individual habitable rooms, kitchens or bathrooms.

Conditions

Property exterior

The Licence Holder must ensure that the exterior of the house is maintained in a reasonable decorative order and in reasonable repair.

Outside areas

The Licence Holder must ensure that all outbuildings, yards, forecourts and gardens surrounding the house and alleyways within the property curtilage are maintained in reasonable repair. They must also be kept in a clean, tidy and safe condition, and free from infestations.

Rubbish and refuse disposal

The Licence Holder must ensure that any kind of refuse and rubbish which the Council will not collect (e.g. large items and hazardous waste) are disposed of responsibly and appropriately.

Other conditions

Council visits

The licence holder must allow the Council to undertake compliance checks; usually this will be on receipt of 24 hours’ notice however reserve the right to inspect the property at any reasonable time. Officers will produce valid authorisation at the time of the visit.

Redress Scheme

If the Licence Holder uses the services of a managing agent / agency for the purposes of their premises, to ensure that they are a member of a redress scheme in line with The Redress Scheme for Lettings Agency Work and Property Management Work.

Landlord Residence

The licence holder must reside in the UK. Alternatively, appoint a managing agent in the UK to allow reasonable contact and direct management of the premises

We will work with property owners and managing agents to ensure their homes are licensed. Where there are issues or problems we will support you to overcome them.

Civil Penalty Notice

Where an owner fails to follow advice or knowingly fails to licence their property further action will be taken. If you do not licence the property you could be given a Civil Penalty Notice and fine or you could be prosecuted through the Magistrates’ Court.  On conviction you may be required to re-pay rent you have been paid to the tenant or the local authority. 

Once issued, the licence will last for the duration of the Selective Licensing Scheme.

At present the scheme is due to run until 24 July 2027.

Change of ownership

Should the ownership of the property change or the owner wishes to change the licence holder during the licence period a new licence and full application will be required. A new licence fee will have to be paid.

Minor variations

Minor variations to licences or records, such as addresses or other minor management matters can be made free of charge. Please contact us to advise us of any changes:

Temporary Exemption Notice (TEN)

Some properties may be eligible for a Temporary Exemption Notice (TEN) if steps are in progress to change the occupancy of the property from a private rented property e.g. if the property is being sold for owner occupation. If you believe you may be eligible for a TEN please contact the Selective Licensing team who will be able to advise accordingly.  Critically, the process of changing the property to owner occupation etc. must already be happening.  You cannot issue a new section 21 notice to evict a tenant where a property is subject to licensing. 

• form: Application form for a Temporary Exemption Notice (TEN) [DOCX 51Kb]
• guidance note: Application for Temporary Exemption Notice [DOCX 45Kb]

How to contact us

Please email us at:

• email: selectivelicensing@ashfield.gov.uk