1. Environmental Health Private Sector Housing
Changes to Residential Premises Licensing (HMO’S)

2. Environmental Health
No previous PSH experience or enforcement on the Islands: Hence…
Here to help – talk to us
Advice given – direction & support
Proportionality, fairness and openness.
Enforcement last

3. What is a HOUSE IN MULTIPLE OCCUPATION (HMO)
Section 254: Housing Act 2004 “Meaning of Houses in Multiple occupation”
3 People or more comprising of two households or more sharing basic amenities
Includes staff accommodation: people are in residence.

4. Current Licensing Requirement for Shared Occupation Premises
5 people or more
Comprising of two households or more
Premises three storeys and over
Housing Act 2004 Part 2 & the Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006 (about to be repealed)

5. The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018
Effective 1st OCTOBER 2018

6. 5 people or more comprising two households or more = licence
Removes the Three storey element of HMO licensing requirements
5 people or more comprising two households or more = licence

7. Failure to License an hmo
Housing and Planning Act 2017 (Schedule 9)
249A-Financial penalties (as an alternative to prosecution) for certain housing offences in England
(1)The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person’s conduct amounts to a relevant housing offence in respect of premises in England.
(2)In this section “relevant housing offence” means an offence under—
(a)section 30 (failure to comply with improvement notice),
(b)section 72 (licensing of HMOs),
(c)section 95 (licensing of houses under Part 3),
(d)section 139(7) (failure to comply with overcrowding notice), or
(e)section 234 (management regulations in respect of HMOs).
(3)Only one financial penalty under this section may be imposed on a person in respect of the same conduct.
(4)The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000.

8. Fines awarded at prosecution can be unlimited as per health and safety offences.
Was level 5 standard scale at £5,000 – Rose to £20,000 – now unlimited

9. The Management of Houses in Multiple Occupation (England) Regulations 2006 –
applies to all HMOs – Bedsits and shared houses.

10. Managing HMO’s and tenancies
The responsible person has specific duties relating to the management of HMO’s. Breaches of the Regulation can result in the civil penalties <£30k.
IoS Council has adopted an incremental Civil Penalties structure based on severity of risk.

11. Requirements of Management Regulations 2006
3.Duty of manager to provide information to occupier
4.Duty of manager to take safety measures
5.Duty of manager to maintain water supply and drainage
6.Duty of manager to supply and maintain gas and electricity
7.Duty of manager to maintain common parts, fixtures, fittings and appliances
8.Duty of manager to maintain living accommodation
9.Duty to provide waste disposal facilities
10.Duties of occupiers of HMOs
11.General

12. Pro-active inspections of high risk premises in 2018
Will be working with the Fire Rescue Service auditing fire safety standards
Anyone can consult with us at anytime

13. Private Sector Housing Policy is imminently available on the Councils Website. Anyone renting residential accommodation should be aware of this document

14. Talk to us ! Environmental Health Environmentalhealth@scilly.gov.uk

15. END
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