HMO Re-licensing project To support councils re-licensing mandatory HMOs from Spring 2011 John Marr 12 October 2010 www.local.gov.uk/regulation

Project overview With many initial 5 year licences due for renewal from Spring 2011, we have launched a project to support councils in this work The project seeks to enable councils to adopt a streamlined process and application form for the re-licensing of HMOs, which can be operated with limited resources, whilst minimising the reputational risk of a major incident in a licensed HMO owing to poor management or sub-standard conditions Simplifying re-licensing will allow resources to be targeted more at the rogue landlords

Project scope The project will look at issues facing councils in re-licensing their mandatory HMOs not look at HMO definitions, or changes and implications from the new planning rules on HMOs consider the extent to which processes and forms can be streamlined within existing legislation consider ROLHMO and seek to challenge government on whether the Register is relevant, adds value and should be continued work in themed groups/ work strands reflecting the key issues identified and to be addressed

Project outputs We have formed a project group of mandatory licensing specialists from a range of councils across the country Currently 28 specialists from 25 councils; new members welcome The group’s work will be informed by and take account of constructive input from external stakeholders including landlords’ groups/ associations. The group will develop a package of guidance and resources for councils which will support their timely and effective delivery of re-licensing. This will be promoted and made available by LG Regulation from next Spring. LG Regulation will offer a prompt and effective advice and assistance service via web, e-mail, phone and in person.

Key issues The group identified top key issues to be tackled: Legislative constraints: extent to which a streamlined process & form can be used within existing legislation – key overarching issue Fees: Discounts and uplifts; fees structure; reviewing the LGA Fees Toolkit; developing a simple fee calculator for HMO re-licensing, and best practice guidance around fee setting for re-licensing Form: Developing a streamlined and simplified application form for re-licensing, which can be used by others, can be easily made available online and is EU Services Directive compliant Process: Streamlining the re-licensing process to ease burdens on councils and landlords; process should cater for verification of key information, checks, inspections etc without having to re-submit everything required for a totally new application. Conditions: Developing best practice guidance around the setting of conditions for a re-licensed property, including issues around what should happen when conditions on the original licence have/ have not been met or are no longer appropriate to the circumstances.

Delivering the work The project is structured around four sub-groups covering Fees, Form, Process and Conditions; the whole group is asked to consider the overarching legislative constraints issue A project launch meeting in London on 3 August enabled groups to begin working on the key issues face-to-face Since then, we have set up a new online Community of Practice which allows most of the work to be done remotely. The CoP is facilitated by LG Regulation Ad hoc meetings may be held, subject to resources, as part of our work to meet with councils around the country External stakeholders, including representatives of landlord organisations, will be consulted at key stages in the work We will also work with the National HMO network

Delivering the work: more on Communities of Practice (CoP) A CoP is a network of individuals with common problems or interests who get together to: Explore ways of working Identify common solutions Share good practices and ideas The project group expressed a strong desire for a dedicated CoP to facilitate and support their work; we have set one up CoPs for local government are hosted by LG Improvement and Development on their website

Benefits of CoP approach Saves time Accelerates learning Allows project members to connect Efficient, effective and good value Reduces need for costly travel Great way of sharing good practice Keeps everyone in the loop The re-licensing CoP is available to council officers only – it is a private community and a secure area for sharing thinking, ideas and work

Emerging issues to date - Fees Existing toolkit too complex; should be simplified Toolkit should be EU Service Directive compliant – enabling open, fair and transparent fee setting Consider best practice approaches to use of discounts and uplifts Final fee structure will reflect process, and extent to which it can be streamlined

Emerging issues to date - Form Re-licensing form-filling will be too onerous if not simplified to “has anything changed?” Need to streamline/ shorten the form where possible Can landlords be expected to upload eg certificates? Use of information councils already hold on databases – copied into new forms? Concern about legislative constraints and how these might be overcome

Emerging issues to date - Process Process and fees issues are interlinked – these sub-groups will need to work closely together Need to produce flow-chart procedure for re-licensing Make more use of electronic documents Assessment of “fit and proper” status Assessment of Fire Safety arrangements, and involvement of local fire service Inspections and Cat 1 Hazards

Emerging issues to date - Conditions Verification that former conditions have been met Continuation of former conditions Setting new conditions; appropriateness Need to demonstrate consideration of the particular circumstances when setting conditions – blanket or model conditions not permissible (recent Cardiff RPT decision)

Outline timescale Project group was formed during July. New members with availability to commit & actively contribute are welcome. Formal project launch was on 3 August in London Since then, Group has been developing further detailed work programme/ action plans with LG Regulation August – October, initial consideration of key issues by groups 12 October – HMO network conference session. To highlight the project; provide opportunity for further views/ input Oct – Jan, development of support package Feb, review & refine to final version End March 2011, launch & Councillor Briefing

Your chance to contribute Delivering re-licensing successfully will be an important challenge for councils Resources are becoming more scarce as budget cuts take effect Simple cost-effective re-licensing should allow more resources to be targeted at rogue landlords If you have tackled or are tackling re-licensing issues, this project is a great opportunity to share knowledge/ experience and contribute to better outcomes for councils across the country If you would like to be actively involved, contact John.Marr@local.gov.uk or call 020 7665 3844

Questions Q & A will be taken in the afternoon Panel Discussion