MIN15
Resolved
That Cabinet:
i) notes the outcome of the consultation on Additional and Selective Licensing in the private rented sector. Especially the representations received and the council’s considerations of the findings (Section 2.3 & Appendices 1 and 2 of the report).
ii) subject to 1.1 of the report and using its powers under s.56 of the Housing Act 2004, agrees to designate an Additional Licensing area of the whole of the London Borough of Ealing as delineated and edged red on the map at Appendix 3 of the report.
iii) agrees to include within the Additional Licensing designation
(a) all HMOs, as defined in section 257 of the Housing Act 2004, but only where the number of dwellings exceeds the number of storeys in the building, and where the building and all of the dwellings in the building are either in the same ownership or considered by the housing authority to be effectively in the same control, and
(b) all categories of HMO in buildings containing a mix of commercial and residential uses.
iv) subject to 1.1 of the report and using its powers under s.80 of the Housing Act 2004, agrees to designate a Selective Licensing area in the five wards of Acton Central, East Acton, South Acton, Southall Broadway and Southall Green as delineated and edged red on the map at Appendix 4 of the report.
v) agrees that the Additional and Selective Licensing designations shall come into force on 1 January 2017 for a 5 year period.
vi) agrees that the council will begin to accept applications from 1 October 2016, in anticipation of the scheme coming into effect on 1January 2017.
vii) agrees the Additional and Selective Licensing conditions set out in Appendix 6a and 6b of the report.
viii) agrees the property licensing fee structure detailed in Appendix 7 of the report.
ix) agrees to increase the existing Mandatory HMO licensing fee from £1007 to £1100 in line with the Additional HMO licensing fee.
x) approves growth in the 2016/17 revenue expenditure of £28.407m, to be fully funded from £28.407m Additional and Selective Licensing fees.
xi) approves the ring-fencing of the property licensing fee income and the proceeds from any Rent Repayment Orders to support the robust enforcement of the licensing scheme and standards for the duration of the scheme.
xii) agrees to delegate the authority to the Director of Safer Communities to issue the required statutory notifications in relation to the designations and, following consultation with the Portfolio Holder to amend the licensing fee and make such other changes to the schemes as is necessary for the effective administration of the schemes
xiii) notes that the schemes (if approved) will be kept under review annually.
Reasons for Decisions and Options Considered
In accordance with the council’s governance arrangements, on 15 December 2015 Cabinet considered a report on Private Rented Sector Licensing Proposals. Cabinet agreed the recommendations in the report to begin consultation on proposals to introduce a borough wide Additional Licensing scheme for Houses in Multiple Occupation (including s.257 HMOs) and a Selective Licensing scheme for single family private rented properties in the five wards of Acton Central, East Acton, South Acton, Southall Broadway and Southall Green.
As part of Cabinet’s decision it was agreed to receive a further report, following the consultation, to decide whether to proceed with the schemes. Details of the consultation were set out in the report.
As part of Cabinet’s decision it was agreed to receive a further report, following the consultation, to decide whether to proceed with the schemes. Details of the consultation were set out in the report.
Having considered the evidence and the responses to the statutory consultation exercise and being satisfied that the legislative requirements had been fulfilled, and in the absence of acceptable alternative options to deliver improvements within the private rented sector Cabinet agreed with recommendations to introduce the proposed schemes.