Communities and Local Government CommitteeSupplementary written evidence submitted by the London Borough of Newham
Legal Requirement for Landlords to Complete Separate Forms for each Property
Licensing legislation specifically Parts 2 and 3 of the Housing Act 2004 (s61–63, 68 and 85–87) refers to a house, HMO, licence and licence holder in the singular tense and as such each application needs to be unique to the individual property to determine a licence as a unique entity.
Properties have their own individual circumstances and to determine a licence for each property, the licensing authority needs all of the information for each property.
Factors that must be assessed against each unique property are the variances in size, room numbers, amenity (kitchen and bathroom) provisions, use (HMO or single family etc) and third party interests (mortgage lenders etc) before a licence can be determined and issued.
If not it would be impossible to determine the correct licensing standards/conditions, hence the need for individual applications as the current legislation is written. This is a burdensome requirement but legal interpretation of the law requires this approach. Newham would advocate simplification of the licensing process.
We would like to see a significant decrease in the burden placed on landlords and local authorities in administering licensing applications. However we are also mindful that we need to have enough information to allow us to determine licence applications effectively and apply the correct type of regulatory conditions to tackle problems that licensing is set to address.
The London borough of Newham does realise however that for portfolio landlords all of the personal information, contact details and fit and proper assessment data is usually consistent across all applications. Therefore our automated e-form accounts for this by offering to pre-populate the form with the same data.
Fines Issued during the Little Ilford Pilot and Licensing Application Form
Enclosed is a copy extract of Newham’s prosecutions spreadsheet which includes the sentencing and levels of fines from the Little Ilford Neighbourhood Improvement Zone. Please note the maximum fine for these offences is £20,000.
Also attached is the application form that must be completed for a property licence. This form is mostly guided by the requirements of the Housing Act 2004 and supplementary provisions. Also included is our Guidance document for landlords and managing agents that assists with making applications and helps to explain some of the wider background to licensing.
May 2013
Annex
FINES/SENTENCE/UPDATE
The Defendant pleaded guilty to both charges and was sentenced to a Fine of £500 for each offence, Compensation for £1100 for the licence fee, Costs of £500 and Victim Surcharge of £15.00. A collection order was made and the Defendant was ordered to pay the total amount of £2615.00 in monthly instalments of £150.00 starting from 1 August 2011.
The Magistrates fined the Defendant £525.00 and ordered the Defendant to pay the Council’s legal costs in the sum of £831.52. The Defendant was further ordered to pay £15.00 victim surcharge and a Collection order was made. The Defendant was given 28 days to pay.
The Magistrates fined the Defendant £700.00 for the first offence (failing to licence the property in a selective licensing designation) and £300.00 in respect of the second offence (failing to return a completed section 16 requisition for information in relation to a property). The Magistrates ordered the Defendant to pay the full costs of the Council in the sum of £929.87 and a Collection order was made. The Defendant was given 28 days to pay.
Total £1,929.87.
The Magistrates granted the Defendant a Conditional Discharge in respect of both charges for a period of 12 Months. The Defendant was ordered to make a contribution towards the Council’s legal costs in the sum of £340.00. The Magistrates further made a Collection Order. The Defendant offered to pay the full costs today.
The Magistrates fined the Defendant £700.00 for the first offence (failing to licence the property in a selective licensing designation) and £300.00 in respect of the second offence (failing to return a completed section 16 requisition for information in relation to a property). The Magistrates ordered the Defendant to pay the full costs of the Council in the sum of £929.87 and a Collection order was made. The Defendant was given 28 days to pay.
Total £1,929.87.
The bench found the matter proved and the Defendant was sentenced to a fine of £2,500, Compensation £200, Victim Surcharge £15, and Costs of £929.66. The bench ordered 28 days for the Defendant to pay the full amount.
Total £3,644.66.
The Magistrates gave the Defendant a Conditional Discharge for 6 months and ordered the Defendant to make a contribution towards the Council’s legal costs in the sum of £200.00. The Magistrate made no compensation order in this case. A Collection order was made. The Defendant agreed to pay the £200.00 by the 8 August, 2011.
Each Defendant fined £1,3500.00 and each Defendant ordered to pay the Council;s legal costs in the sum of £1,143.31. Each Defendant further ordered to pay £15.00 victim surcharge and a Collection order made.
He was given 28 days to pay the total of £1,679.00 and a collection order was made.
Fine £320.00, Costs £455.00, Victim surcharge £15.00—Total £790.00. 14 days to pay. Collection order made.