Housing Act 2004, Sections 80 – 84 and Regulation 9 of The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(England)Regulations 2006
NOTICE IS HEREBY GIVEN that on 7 July 2017 Hyndburn Borough Council (“the Council”) acting as local housing authority in exercise of its powers under Sections 80 – 84 Housing Act 2004(“the Act”) designated parts of Accrington and Church, in the Borough of Hyndburn (“the Area”) for Selective Licensing.
The designation required confirmation by the appropriate national authority. The Secretary of State considered it appropriate to confirm the proposed designated area on the 28 November 2017. The designation will come into force on the 5 March 2018 and will end on 4 March 2023, or earlier if the Council revokes the scheme under Section 84 of the Act.
The designation Area covers parts of Accrington and Church a map of which accompanies the designation. The designation may be inspected at the Council’s Offices at Scaitcliffe House, Ormerod Street, Accrington, BB5 0PF during the hours of 09:00 – 16:45 Monday to Friday (telephone 01254 388111). Alternatively the designation can be viewed on the Council’s website at: www.hyndburnbc.gov.uk/housing-and-regeneration-in-hyndburn/selective-licensing/
The designation requires any house which is let or occupied under a tenancy or licence within the area to be licensed by the Council unless –
a) the house is a House in Multiple Occupation(HMO) and is required to be licensed under Part 2 of the Act;
b) the tenancy or licence of the house has been granted by a registered social landlord;
c) the house is subject to an Interim or Final Management Order under Part 4 of the Act;
d) the house is subject to a temporary exemption under Section 86 of the Act; or
e) the house is occupied under a tenancy or licence which is exempt under the Act or the occupation is of a building or part of a building so exempt as defined in The Selective Licensing of Houses (Specified Exemptions)(England) Order 2006 – SI 370/2006.
The Council will comply with the notification requirements contained in Section 83 of the Act and shall maintain a register of all houses licensed under the designation as required under Section 232 of the Act.
Any private landlord, person managing, or tenant within the designated Area is advised to seek advice from the Council on whether their property is affected by the designation.
From 5 March 2018, unless a notification in relation to a temporary exemption or an application for a licence is effective, any person, who, without reasonable excuse, has control of or manages a house in the Area which is required to be licensed but is not so licensed, will be guilty of an offence and liable upon conviction to an unlimited fine. As an alternative to prosecution the Council may impose a civil penalty of up to £30,000 for this offence. Additionally, application may be made for a rent repayment order requiring the repayment of rent or housing benefit and no Notice under Section 21 of the Housing Act 1988 (recovery of procession on termination of a shorthold tenancy) may be given in relation to the whole of or part of the unlicensed house.
Landlords, persons managing houses or tenants requiring further information or advice regarding this designation, or wishing to apply for a licence should contact the Council’s Private Rented Team by telephone on 01254 388111, by email: email@example.com, or in writing / in person at Private Rented Team, Scaitcliffe House, Ormerod Street, Accrington, BB5 0PF. Note application packs will be available from 24 January 2018.
Dated: 28 November 2017
Jane Ellis, Executive Director (Legal and Democratic Services)