Mandatory conditions
Under schedule 4 of the Housing Act 2004 (“the Act”) the following are mandatory conditions which are to be included in any licence issued by Knowsley Borough Council (“the council”) for an HMO (“the house”) under section 64 of the Act.
1. A licence under Part 2 of the Act must include the following conditions:-
(1.1) If gas is supplied to the house, the licence holder must produce to the Council annually for their inspection a gas safety certificate obtained in respect of the house within the last 12 months.
(1.2) The licence holder must(a) keep electrical appliances and furniture made available by him in the house in a safe condition; (b) to supply the Council, on demand, with a declaration by him as to the safety of such appliances and furniture.
(1.3) The licence holder must (a) to ensure that smoke alarms are installed in the house and to keep them in proper working order; (b) supply the Council, on demand, with a declaration by him as to the condition and positioning of such alarms.
(1.4) The licence holder to supply to the occupiers of the house a written statement of the terms on which they occupy it.
Additional conditions to be included in licences under Part 2: regarding floor area etc
2. The licence holder must:-
(2.1) ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres;
(2.2) ensure that the floor area of any room in the HMO used as sleeping accommodation by two persons aged over 10 years is not less than 10.22 square metres;
(2.3) ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged under 10 years is not less than 4.64 square metres;
(2.4) ensure that any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation.
(2.5) notify the Council of any room in the HMO with a floor area of less than 4.64 square metres.
(2.6) Any part of the floor area of a room in relation to which the height of the ceiling is less than 1.5 metres is not to be taken into account in determining the floor area of that room for the purposes of this paragraph.
(2.7) where any room in the HMO is used as sleeping accommodation by persons aged over 10 years only, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence;
(2.8) where any room in the HMO is used as sleeping accommodation by persons aged under 10 years only, it is not used as such by more than the maximum number of persons aged under 10 years specified in the licence;
(2.9) where any room in the HMO is used as sleeping accommodation by persons aged over 10 years and persons aged under 10 years, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence and the maximum number of persons aged under 10 years so specified.
(2.10) With reference to a number of persons using a room in an HMO as sleeping accommodation does not include a person doing so as a visitor of an occupier of the HMO.
(2.11) For the purposes of the above, a room is used as sleeping accommodation if it is normally used as a bedroom, whether or not it is also used for other purposes.
(2.12) The above conditions do not apply to an HMO which is managed by a charity registered under the Charities Act 2011 and which;
- (a) is a night shelter, or
- (b) consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder.
Conditions regarding household waste
3. The licence holder must comply with any scheme which is provided by the Council to the licence holder which relates to the storage and disposal of household waste at the HMO pending collection.
Licence conditions regarding management of property
The licence holder must comply fully with the requirements of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(England) Regulations 2006, Statutory Instrument 2006, no. 373 as amended by Regulation 12 of the 2007 Statutory Instrument, No. 1903, The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007. Additionally, under section 67 of the Act, the council can include additional conditions as they consider appropriate for the management, use and occupation of the house concerned and its condition and contents.
4. The licence holder must notify the Council immediately if :-
(4.1) The contact information given in the HMO licence changes or;
(4.2) the licence holder ceases to have any involvement with the property or
(4.3) there is a change of managing agent and provide a new contact, including address and telephone number
(4.4) the licence holder is the managing agent and the person specified as the main contact ceases to be that contact
and provide a new contact, including telephone number
(4.5) there is a change in circumstances for either the licence holder or managing agent that contravenes any of the following;
- (i) committed any offence involving fraud or other dishonesty, or violence or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c.42) (offences attracting notification requirements);
- (ii) practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business;
- (iii) contravened any provision of the law relating to housing or of landlord and tenant law; or
- (iv) acted otherwise than in accordance with any applicable code of practice approved under section 233 of the Act.
(4.6) he/she becomes aware of, or suspects any person involved with the management and/or ownership of the house is not a fit and proper person.
(4.7 any person proposed to be involved in the management of the house has insufficient competence and experience to be so involved.
(4.8) any intended alterations or changes in the use and occupancy levels of each room which may affect the licence contents or conditions attached to the licence.
(4.9) of any material change of circumstance affecting the licence holder or the operation of the property.
5. The licence holder is responsible for ensuring that:-
(5.1) the licence is not transferred to another person, organisation or HMO property once granted in accordance with the Act.
(5.2) a notice is placed in the common parts, by the main entrance door, detailing the name, contact address and telephone number of either the licence holder or that of his managing agent;
(5.3) a copy of the licence is displayed in a prominent position within the house, where all tenants and visitors can see it;
(5.4) an emergency name, address and telephone number is made available to the tenants for the purposes of responsive maintenance and repair, 24 hours a day. This information is also to be provided to the council.
(5.5) all tenants are given clear advice on what action is required in the event of an emergency.
(5.6) they are familiar and able to attend training courses in relation to any applicable code of practice relating to the management and day to day running of a house in multiple occupation.
(5.7) the maximum number of persons allowed to occupy the property is not exceeded.
(5.8) access to the licensed property is given to officers from the council for the purposes of carrying out inspections, where a request has been made in writing giving reasonable notice to the occupants and licence holder.
(5.9) they co-operate fully if the council has reason to believe any conditions contained in the licence have been breached.
6. The licence holder is required to:-
(6.1) act lawfully and responsibly when dealing with rent payments, advanced payments, returning deposits and considering deductions from deposits
(6.2) produce on request to the council, details of the tenancy deposit scheme where occupants deposits are being held under the Part 6 of the Act. If no deposits are taken, a written declaration by the licence holder will be required, stating this fact.
(f) comply fully with the requirements within the current legislation contained within the Housing Act 2004 and any other relevant Statutory Instruments, British Standard, Code of Practice or other as referred to by the council.
7. Alley Gates
Where there are alley-gates installed to the rear entries of licensed property, the Licence Holder must at the time of letting, provide all new tenants with the appropriate alley-gate key and replace any such key prior to any tenancy starting.
8 External Area
The Licence Holder and/or manager must ensure that:-
(8.1) The exterior of the property is maintained in a reasonable decorative order and state of repair;
(8.2). For the start and duration of the tenancy all gardens, yards and other external areas within the curtilage of the HMO are kept in reasonably clean and tidy condition