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Additional Licensing-Nottingham

To find out more about licensing including s257 and HMO compliance under Article 4 please contact Giles at EMPO on 0115 950 2639.

Nottingham City Council (NCC) introduced an HMO additional licensing scheme in Nottingham on January 1st 2014. The scheme impacts 11 wards and according to the council 3200 properties will require a license at a cost of £910.00 a property.

To check if your property requires licensing click HERE

Why has NCC introduced Additional Licensing?

The council can introduce a discretionary licensing scheme if it considers that a significant proportion of HMOs are being managed sufficiently ineffectively so as to give rise to one or more particular problems, either for the occupants of the HMOs or for members of the public.

At EMPO we believed the council failed to provide credible evidence to support the above statement. We therefore challenged the reasoning behind their decision by starting a Judicial Review process against the council. We also challenged the fee amount, and lack of a proper consultation and the ill thought out test the council developed to designate HMO properties for licensing.

The test to qualify a property for a license under additional licensing is as follows:

“…at least 10 or more non-mandatory licensable HMOs where 20% or more of those HMOs have received at least one relevant complaint between 1st January 2008 – 1st October 2012.”

This means in summary, any area where you have10 relevant HMOs with 2 of these properties having had one relevant complaint raised against them over the specified 4 year 9 months period would be subject to Additional Licensing.  In EMPO’s view the notion that this would or could represent a significant proportion of HMOs being managed ineffectively (sufficiently or at all) is simple untenable.

 To cut a long story short, the judge was of the opinion that NCC had no case to answer. The judge stated ‘residential landlords need to trust in the expertise and knowledge of the council in ensuring they followed proper process in terms of developing their scheme.’

 One of the features of Nottingham’s scheme is the inclusion of s257 buildings. This means any building converted into self-contained flats where 1991 building regs or subsequent were not applied to the conversion works or less than two thirds of the flats in the building are owner occupied then a license is required for the building.

 To find out more about licensing including s257 and HMO compliance under Article 4  please contact Giles at EMPO on 0115 950 2639.

 To find out more about NCC plans to expand licensing too all rental properties in Nottingham please call Giles at EMPO.

To download NCC licence handbook please click HERE. To download an application form please click HERE.

 Contact information for the Environmental Health team in Nottingham:

Tel: 0115 8761555 

www.protectnottingham.co.uk           www.nottinghamcity.gov.uk

www.twitter.com/NottmRenters   www.facebook.com/NottinghamRenters

 As part of the licensing scheme your property will need to meet both statutory and locally enforced conditions. The conditions cover areas around amenity provision, fire safety, room sizes and HHSRS.

 To ensure you are kept up to date with your legal responsibilities as a landlord, why not join EMPO.