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Firstly let me say how glad I am to have found this forum. I hope you can help me untangle this.
I am the leaseholder on a purpose built, multi occupied (5 households?), ex local authority flat which is in a block of 20 flats. The building is managed and controlled by the Hackney Council and the flat is managed by an agent.
My understanding is that purpose built flats in blocks of three or more are exempt from mandatory HMO licensing so this license wouldn't be applicable here. However additional licensing is in place. I have read through the housing act of 2004 and schedule 14 states that buildings under the management of public bodies have statutory exemption. What I want to know is if this make the flat exempt from additional licensing.i have upgraded the flat to include all the necessary safety features: fire doors, wired in alarm and lighting, blankets, fire extinguishers, carbon monoxide etc.Just want to be clear if a license is actually needed.Please help
I just read that link artful, talk about going around the houses!
The building is exempt from S257 as it is purpose built and its managed by a local authority.
The flat has no exemption and if the 5 sharers are unrelated forms a mandatory licenseable HMO.
no...you are the leaseholder and so the public body exemption is n/a.
In Hackney, you will need an additional licence for the situation you have described. You have until 28 February to apply before the council start their programme of enforcement action. Our free guide maps out all the licensing requirements in that borough: https://www.londonpropertylicensing.co.uk/hackney
Richard Tacagni MCIEH CEnvH
London Property Licensing
This information is intended as general advice and guidance. It is not legal advice and should not be taken or relied upon as such. No liability can be accepted for any reliance on the information published in this response. You may wish to obtain independent legal advice.
Hi Richard,The Hackney Website states that an additional license is applicable to 3 or 4 people. As mine is five people does additional licensing actually apply?
Type of licence
Reduced fee accredited landlords
This applies to houses in multiple occupation (HMOs) occupied by five or more people, making up two or more households
This applies to all privately rented properties occupied by three or four people making up two or more households, regardless of the number of storeys in the property
This applies to all privately rented properties occupied by a single person, two people or single household in the Brownswood, Cazenove and Stoke Newington wards
Additional licencing won't apply. Mandatory licencing will apply.
The additional licensing scheme designation in Hackney applies to all HMOs not already licensed under the mandatory licensing scheme. It’s fair to say the table on the council’s website doesn’t accurately explain that. You can view the scheme designation of the link I posted previously.
I would recommend that you any landlord who is in doubt whether they have an HMO apply for a licence as soon as they can. Regulation 7(7) of The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 requires the LA to refund in full any fee paid for a property that does not require a licence. This will protect you from any penalties for not having a licence.