< Previous | Contents | Next >

Guidance on the Mandatory Licensing of Houses in Multiple Occupation

TENANCY MANAGEMENT STANDARDS

Much of the emphasis in the licensing work of local authorities is on ensuring that operators meet property standards and manage and maintain their HMOs in an acceptable manner.

However, there is an equally important tenancy management dimension to the operator’s responsibilities. Tenancy management refers to the owner’s responsibilities in respect of the legal rights of his or her tenants to operate lawfully at all times and to manage the property with due care for the welfare of the tenants and the interests of neighbours.

Examples of some of the most important tenancy management responsibilities include ensuring that tenants have peaceful occupation of their home, providing lawful tenancy agreements, returning rent deposits where no case for their retention arises, giving 24 hours notice of intention to enter a tenant’s room for the purposes of inspection or carrying out repairs or maintenance, and pursuing repossession by lawful court procedures only.

All tenants of an HMO, regardless of how unconventional a tenancy might be, should have a written tenancy agreement. A checklist of areas that might be covered by such agreements is attached at Annex A to this section. It should be noted that there might be circumstances where it would not be appropriate for all items in the checklist to be covered in the agreement. Also, this checklist assumes that the accommodation is permanent. The standards will be different for temporary accommodation, such as homeless hostels and other accommodation for homeless people, women’s refuges, etc. Other special situations will require more flexible criteria, such as live-in care workers staying with someone with special needs.

Local authorities should note that registered social landlords (RSLs) will already have had their tenancy agreements assessed and approved by the regulator, so these will not require to be examined.

Fit Person

As part of its responsibilities towards tenants, some of whom will be vulnerable people, it is for the local authority to determine whether an operator who is applying for an HMO licence is a ‘fit person’. If a different person is managing the premises, the same test must apply to them. The Civic Government (Scotland) Act 1982 does not contain a precise definition of a ‘fit person’ but the HMO section of the local authority should investigate by checking with the police whether the applicant has any convictions relevant to his or her prospective role as an operator of an HMO. Not all convictions, however, should preclude an applicant from being granted an HMO licence. For example a conviction for a motoring offence would not be relevant but a conviction for theft could be since an operator would be in a position of trust. Ultimately it is for the local authority to decide as a matter of fact who is a ‘fit person’ based on the information available to it, including the police report.³

The HMO section of a local authority is encouraged to share information about the fitness of an applicant to be an HMO operator with HMO sections of other local authorities since prospective HMO operators may own properties in more than one local authority area. In doing so, care must be taken to protect confidentiality and to ensure that the terms of the Data Protection and Human Rights legislation are observed.

Anti-Social Behaviour

As part of a landlord’s tenancy management duties he or she must ensure that tenants comply with the terms of their lease and conduct themselves in a way that does not interfere with the rights of neighbouring residents to enjoy peaceful occupation of their homes. Where a complaint is made to the landlord about a tenant behaving in an anti-social manner the landlord should be advised to follow his or her own policy and procedures for dealing with it. Landlords should be advised not to approach a local authority with a request for an Anti-Social Behaviour Order (ASBO) until they have considered and, where appropriate, tried all legal means at their disposal to resolve matters. Local authorities should encourage the use of mediation services.

In considering whether to apply for an ASBO the local authority must take account of Police Circular No. 3/1999 of 15 March 1999 entitled ‘The Crime and Disorder Act 1998: Guidance on Anti-Social Behaviour Orders’.

It is equally important that local authorities investigate complaints made directly to them by neighbours of HMOs and take appropriate action. Such complaints may relate to operators rather than occupiers, for instance on the maintenance of the fabric of the HMO. As far as is legally possible, local authorities should make information about the names and addresses of HMO operators and managing agents available to neighbours and other members of the public. The 1982 Act requires local authorities to establish a public register of licence applications.

Pointers to Good Policy and Practice by Local Authorities in Tenancy Management

Local authorities should ensure that tenancy management criteria are incorporated into their requirements for approval of a licence.

Local authorities should ensure that all conditions in a licence, but particularly tenancy management conditions are assessed before licence approval and monitored in interim inspections.

Local authorities should train relevant staff to assess tenancy management licensing conditions and such staff should be able to call on specialist support from the authority’s legal advisers or other housing advice agencies.

Local authorities should develop tenancy relations procedures such as an information service to ensure that both tenants and landlords appreciate their rights and responsibilities.

Local authorities should make a commitment to secure alternative accommodation for any HMO tenants who lose their accommodation as a consequence of licensing enforcement work and operator activity. Illegal eviction is a criminal offence and authorities should liaise closely with the police to pursue a charge being laid where an owner evicts a tenant unlawfully or harasses a tenant into leaving his or her accommodation.

This annex gives an indication of the sorts of provisions that local authorities might want to see in a tenancy or other occupancy agreement, although all of these items will not apply in every case.

Operator responsibilities

General Points

• The name and full contact address of the operator as well as the address of the property being let to be supplied to the tenant.

• All tenants to have a written agreement regardless of type of tenancy.

• Agreements to be written in plain English.

• Summary translations of agreement into ethnic minority languages to be available where appropriate.

• Agreement to state both a start and end date for the tenancy.

• Agreements should refer to an inventory of furniture and fittings and the condition of these.

• Agreements to contain undertaking that rent deposits will be held in an identifiable rent deposit account and returned within 14 days of tenant’s departure.

• Where rent paid weekly, payments to be recorded in rent book to be retained by the tenant, otherwise written receipts to be issued for rent deposits and rent payments. Stubs to be retained for inspection.

• Occupancy records to be kept including residents’ names, dates of arrival and departure and record of rent payments and arrears.

• Only rent books, occupancy records, leases and tenancy agreements approved by the licensing authority to be used.

• Agreement to contain statement that 24 hours notice will be given in writing of intention to enter a tenant’s room for the purpose of carrying out routine maintenance and repairs.

• Agreement to contain statement that pursuit of repossession will be by lawful court procedures only.

• Agreement to undertake that resident’s mail will be available on a daily basis.

• Agreement to contain undertaking that a telephone in working order is provided to enable residents to call emergency services.

• Agreement not to cause, or allow any employee, or any person visiting the household on the operator’s behalf to commit, any act of violence or any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, disability or age against the tenant, the tenant’s family or anyone visiting the HMO.

• Agreement to contain clause to the effect that the operator is responsible for ensuring that tenants comply with the terms of their lease and conduct themselves in a way that does not interfere with the right of neighbouring residents to enjoy peaceful occupation of their homes.

• Agreement to refer to protocol between operator and local authority for the rehousing of temporarily displaced tenants.

• Agreement to contain following clauses relating to repairs and maintenance.

• Agreement to set out rights on sub or part letting of property.

Structure and Exterior

The operator will (in conjunction with other owners if appropriate) keep in repair the structure and exterior of the house, and keep it fit for human habitation, including:

• drains, gutters and external pipes (this does not include the clearance of blockages caused by the tenant’s negligence)

• the roof

• outside walls, outside doors, windowsills, window catches, sash cords and window frames, including external painting and decoration

• internal walls, floors and ceilings, doors, door frames, and internal staircases and landings (including painting and decoration)

• chimneys, chimneystacks and flues.

• pathways, steps or other means of access

• plasterwork

• integral garages and stores

• boundary walls and fences

• making good damage caused by acts of vandalism/criminal activity by a person or persons other than a tenant, any member of his/her household or a tenant’s visitor(s) provided they have been notified to the police within 24 hours of occurring, or as soon as is reasonably practicable, by the tenant or by someone acting on the tenant’s behalf.

Installations

The operator will maintain and keep in proper working order any installations provided for space heating, water heating and sanitation and for the supply of water, gas and electricity in compliance with current safety legislation including:

• basins, sinks, baths, toilets, flushing systems and waste pipes, showers, water tanks;
• electric wiring, fireplaces, fittings, fires and central heating installations, door entry systems, TV aerials and extractor fans.

The operator will also maintain fire safety precautions and installations and exterior routes.

Disposal of Rubbish

• Adequate facilities to be provided for the storage and disposal of rubbish.
• Operators should ensure that residents are aware of and comply with arrangements for rubbish presentation in common properties.

Insurance

• The operator will maintain comprehensive building insurance. The operator is not responsible for the arrangement of contents insurance cover for property belonging to tenants but may wish to arrange such cover for any of his own moveable property within the HMO

Common Parts

• The operator will (in conjunction with other owners where appropriate) take reasonable care to keep common parts in repair and fit for use by the tenant and other occupiers and visitors to the property.

• Provide appropriate lighting in all common parts.

• Contribute to arrangements for maintaining and cleaning gardens and mutual areas.

Furnishings

• Where the subject of the let is furnished the landlord will ensure that furnishings are fit for this purpose and comply with current fire safety regulations and other relevant legislation and regulations.

Security

• Where appropriate the landlord should ensure that let rooms are secure with a suitable lock.

Tenant responsibilities

Agreement to contain following clauses relating to the use of the accommodation.

• to pay the rent for the accommodation at such intervals and for such amounts as have been agreed with the landlord;

• to occupy the accommodation as a private dwelling;

• to advise the landlord of who will be living in the accommodation and also of any changes in the household;

• not to use or allow the accommodation to be used for illegal purposes;

• not to use or allow the accommodation to be used as a base for any business purposes without the written consent of the landlord;

• not to cause or allow any person occupying or visiting the house to cause nuisance or annoyance to neighbours or to cause any nuisance or annoyance within the vicinity of the house;

• not to commit or allow members of his/her household or persons visiting the house to commit any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, disability or age which may interfere with the peace and comfort of, or cause offence to, any other neighbours or members of their household either in their accommodation or in the vicinity of the house;

• to keep any domestic pet (where permitted) under supervision and control and to ensure that it does not cause nuisance to neighbours or deterioration in the condition of the house, common areas or the vicinity of the house;

• not to cause, or allow any member of his/her household, or any person visiting the household to commit, any act of violence or any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, disability or age against the landlord or any member of his staff;

• not to interfere with equipment and services;

• not to interfere with fire precautions.

Agreement to contain following clauses on repairs and maintenance:

Notice of Repairs and Access

• The tenant shall report promptly to the landlord any defect or disrepair (including the results of vandalism) for which the landlord is responsible and shall ensure that access is provided to the property for repairs to be carried out and for the inspection of gas and electrical installations.

Notice of Absence to Landlord

• The tenant shall inform the landlord if he intends to leave the premises on holiday, business or for any other reason for a period of over 14 days to enable the landlord to take any steps to maintain and/or carry out repairs as necessary.

Emergencies

• The tenant will take all reasonable steps to ensure that the landlord is notified immediately of emergencies, including those involving the supply of water, and to ensure that, where necessary, access can be gained by the landlord’s representatives. In the event that the landlord is informed or becomes aware of any emergency and the tenant is unable to provide access to the property immediately, it is agreed that the landlord may gain access to the property, using forcible entry if necessary.

Interior

• The tenant shall keep the interior of the accommodation in good and clean condition.
• The tenant shall keep fittings and furnishings clean.

Neglect

• The tenant agrees to repair or replace items damaged through neglect, carelessness or wilful damage on the part of the tenant or any member of the tenant’s household or a visitor.

Common Parts

• The tenant will, in turn with other occupiers, sweep and clean the common parts at least on a weekly basis, or as required
• If the tenant fails in any of these responsibilities the landlord may carry out the work and recover the costs from the tenant.

Other

The agreement should contain:

• conditions for ending the tenancy.

• details of any rights of succession.

• provision that the tenant shall dispose of rubbish in an appropriate manner and at the appropriate time.

• provision for the landlord and tenant to jointly inspect the accommodation to ensure installations are in working order and furniture and fittings are fit for purpose and for the landlord to rectify any faults reported by the tenant within 7 days of taking up residence.

• identification of the accommodation as a house in multiple occupation and of the licensing authority and the licensing authority’s point of contact for complaints and queries.

• liability to be agreed for gas/electricity and phone charges.

• liability to be agreed for payment of T.V. licence.

• liability to be agreed for payment of council tax.

< Previous | Contents | Next >