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Conditions of selective licences under Part 3 of the Housing Act 2004

  1. Gas
  2. Electrical appliances
  3. Furniture and furnishings
  4. Smoke alarms
  5. Tenant references
  6. Terms of occupation
  7. Number of occupiers
  8. Energy efficiency
  9. Property management
  10. Common areas
  11. Fire safety
  12. Security
  13. External areas, refuse and waste
  14. Training
  15. Management/Antisocial behaviour
  16. Notifications/Consultation of charges
  17. Absence
  18. Compliance inspections
  19. Consequences of failing to meet the Blackpool standard upon inspection

 

 

1. Gas

If gas is supplied to the house, the licence holder must provide to Blackpool Council a gas safety certificate issued within the previous 12 months at the time of the application and thereafter annually or on demand.

Reason: Mandatory condition required by Schedule 4 of the Housing Act 2004.

2. Electrical appliances

The licence holder must keep all electrical appliances and furniture supplied in a safe condition and must provide a declaration as to their safety at the time of application and thereafter on demand.

Reason: Mandatory condition required by Schedule 4 of the Housing Act 2004.

3. Furniture and furnishings

The licence holder must ensure that furniture and furnishings supplied by them are compliant with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended 1989 and 1993) and must provide a declaration as to their safety at the time of application and thereafter on demand.

Reason: Mandatory condition required by Schedule 4 of the Housing Act 2004.

4. Smoke alarms

The licence holder must ensure that smoke alarms are installed in the property and kept in proper working order and provide a declaration as to their condition and positioning to Blackpool Council on demand.

Reason: Mandatory condition required by Schedule 4 of the Housing Act 2004 and to comply with minimum fire safety standards LACORS.

5. Tenant references

The licence holder must demand references from persons who wish to occupy the house and must provide evidence of pre-let reference checks undertaken to the council upon request.

Reason: Mandatory condition required by Schedule 4 of the Housing Act 2004.

6. Terms of occupation

The licence holder must supply to the occupiers of the house a written statement of the terms on which they occupy the property. A copy of the terms will be provided to the council on demand.

Reason: Mandatory condition required by Schedule 4 of the Housing Act 2004.

7. Numbers of occupiers

The Licence Holder must ensure that rooms other than bedrooms are not used for sleeping purposes.

Reason: To ensure that the premises comply with the space and amenity standards and assessed alongside legislative requirements- see Fylde Coast Amenity and Space Standards guidance

8. Energy efficiency

Each new tenancy will require a valid Energy Performance Certificate which must comply with current government guidance. This should be submitted upon application for a licence.

Reason: To safeguard the health and wellbeing of the occupants with regards to the reduction of fuel poverty and national energy efficiency measures and to be aware of the statutory requirements for Energy Performance Certificates (EPCs).

9. Property management

The Licence Holder must ensure that:

  • All repairs to the house or any installations, facilities or equipment within it are carried out by competent and reputable persons
  • All occupants of the house receive written confirmation detailing arrangements in place to deal with repairs and emergencies and report nuisance and antisocial behaviour
  • If accommodation is provided on a furnished basis and includes electrical appliances, the licence holder must provide the occupier copies of user manuals or equipment provided as part of the agreement for the occupation of the house
  • All occupiers are made aware of the licence and conditions

Reason: to safeguard the health, safety and wellbeing of occupants and to reduce antisocial behaviour (ASB).

10. Common areas

Where the dwelling is a flat in a block and the licence holder is the owner or manager of the block, the licence holder must ensure that:

  • Common areas, including shared living rooms, kitchens, hallways, etc. are not used for sleeping, either by tenants or their guests
  • Corridors, stairways and lobbies are fitted with emergency lighting in accordance with BS5266
  • A cleaning regime is demonstrated on request to ensure that all corridors, stairways, lobbies and all exit routes are kept free from obstruction and combustible material
  • Smoking is not permitted in any common areas and ‘no smoking’ signs should be displayed where the dwelling is a flat in a block and the licence holder is the owner or manager of the block. (Health Act 2006)

Reason: to safeguard the health, safety and wellbeing of occupants in the event of fire.

11. Fire safety

The licence holder will inform the local authority of any changes to the positioning of smoke alarms and if the property is a house in multiple occupation, produce a fire detection and alarm certificate on request.

The licence holder must also produce a comprehensive fire risk assessment which should be regularly reviewed and produced upon request.

Reason: to safeguard the health, safety and wellbeing of occupants in the event of fire.

The Fire Safety Guidance is provided by LACORS.

12. Security

The licence holder must ensure that:

  • The security provisions for the access to the dwelling (including but not limited to locks, latches, deadbolts and entry systems) must be maintained in good working order at all times
  • Where window locks are fitted, the licence holder will ensure that keys are provided to the relevant occupant free of charge
  • Where a burglar alarm is fitted to the house, the licence holder will inform the occupant in writing the circumstances under which the code for the alarm can be changed, and provide details when required on how this can be arranged
  • Where previous occupants have not surrendered keys, the licence holder will arrange for a lock change to be undertaken, prior to new occupants moving in
  • Where alley gates are installed to the rear of the licensed property, the licence holder must take responsibility for holding a key and make satisfactory arrangements for the occupiers’ access. The occupier(s) must be provided with an alley gate key free of charge at the start of the tenancy

Reason: to safeguard the health, safety and well-being of occupants in the event of fire and entry by intruders and reduce ASB.

13. External areas, refuse and waste

The licence holder must ensure that:

  • The exterior of the property is maintained in a reasonable decorative order and state of repair
  • At all times any gardens, yards and other external areas within the curtilage of the house are kept in reasonably clean and tidy condition and free from rodent infestation, and
  • Suitable and adequate provision is made for storage of refuse generated in the property throughout each tenancy and that occupants use receptacles provided by the council for storage prior to collection. The receptacles or plastic refuse sacks where receptacles have not yet been issued must not be exposed for a period longer than 12 hours prior to collection and must not cause obstruction at any time
  • The occupier is made aware of the arrangements for the collection of refuse and bulky goods, and any instructions given in writing of where/when/how the occupier must put out and return waste receptacles on the day of collection
  • Access must be available at all times to adequate, external, refuse storage.
  • The licence holder must ensure that any kind of refuse which the council will not ordinarily collect (e.g. large items, hazardous waste) are disposed of responsibly and appropriately.
  • Make appropriate arrangements for the disposal of any waste throughout, at the end of a tenancy and produce waste transfer notes for inspection on request

Reason: to ensure that the domestic hygiene and condition of the licensed property is maintained and reduce ASB.

14. Training

The licence holder and/or manager will need to demonstrate competence of managing private rented accommodation and shall undertake property management training courses where required to do so by the authority.

Reason: to enable the council to provide licence holders with the knowledge and expertise to improve the management of their properties and reduce ASB.

15. Management/Antisocial behaviour

The Licence Holder must take reasonable and practical steps to reduce or prevent anti-social behaviour by persons occupying or visiting the house and the use of premises for illegal purposes. The licence holder must:

  • Provide a written action plan or copies of their own ASB procedures already in place to Blackpool Council outlining their processes for dealing with antisocial behaviour at the time of application. This must be reviewed annually and submitted on request.
  • Obtain tenant references prior to granting a tenancy as to previous tenancy conduct, including behaviour of the proposed occupier and household. The licence holder needs to have due regard to what the reference says and be satisfied that the tenant is not likely to cause any antisocial behaviour.
  • If a licence holder receives a reference request for a current or former tenant for the purposes of an application to rent a property from another licence holder he must respond to the request in writing within a reasonable period and either i) decline the request for a reference; or ii) when giving a reference state whether or not he is aware of any allegations of antisocial behaviour made against the tenant and if such allegations have been made give details of the same including details of whether (to his knowledge) the allegations have been admitted or have been found proven in any court or tribunal.
  • Require any prospective tenant to disclose unspent criminal convictions when applying for a tenancy. Where the prospective tenant discloses unspent criminal convictions the Licence Holder must demonstrate that due consideration was given to whether those convictions indicate a real risk that the prospective tenant is likely to commit acts of antisocial behaviour.
  • Cooperate with Blackpool Council, Lancashire Constabulary and other agencies in resolving complaints of anti-social behaviour. The Licence Holder and/or their nominated managing agent are required to undertake an investigation of any complaints regarding their tenants. Written records of these will be required.
  • Make regular (at least quarterly) inspections of the property to ensure that the property is in a decent state of repair and that the occupiers are not in breach of tenancy terms and conditions.
  • Ensure that each tenant is made aware that they are responsible for their own behaviour and the behaviour of other occupiers and visitors. Tenants must be made aware that if they, other occupiers, or their visitors:
    • Cause nuisance or annoyance to neighbours;
    • or use abusive or threatening language or behaviour to neighbours;
    • or fail to store or dispose of refuse properly;
    • or cause damage to fixtures, fittings, fire prevention or alarm equipment or installations,
    • or to the fabric of the premises;
    • or fail to give access to the landlord or his agent for the purpose of maintaining communal areas
    • or, upon reasonable notice, to inspect or undertake works within their accommodation.
  • They will be liable to enforcement action which may include possession proceedings either under the terms of the tenancy, pursuant to s.21 of the Housing Act 1988 or pursuant to Grounds 13 or 14 of Schedule 2 to the Housing Act 1988.
  • Provide the occupants of adjoining properties with direct contact details in case of an emergency, or to enable them to inform the licence holder of problems affecting their properties.
  • Take all reasonable steps to deal with nuisance and/or ASB perpetrated by the occupier(s) and/or visitors to the property. This includes taking proactive action (e.g. warnings, legal action), as soon as the licence holder is made aware of a problem and must co-operate fully with the relevant agencies.

Reason: to safeguard the wellbeing of occupants, persons visiting the premises and persons in the immediate locality and reduce ASB.

16. Notification/Consultation of changes

The licence holder and managing agents must consult with Blackpool Council before making any material changes to the layout, amenity provision, fire precautions or occupation of the house and must inform Blackpool Council of:

  • Details of any unspent convictions not previously disclosed to the local authority that may be relevant to the licence holder and/or the property manager and their fit and proper person status and in particular any such conviction in respect of any offence involving fraud or dishonesty, or violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003
  • Details of any finding by a court or tribunal against the Licence Holder and /or the manager that he/she has practiced unlawful discrimination on grounds of sex, colour, race, ethnic or national origin or disability in, or in connection with, the carrying on of any business
  • Details of any contravention on the part of the licence holder or manager of any provision of any enactment relating to housing, public health, environmental health or landlord and tenant law which led to civil or criminal proceedings resulting in a judgment or finding being made against him/her
  • Information about any property the licence holder or manager owns or manages or has owned or managed for which a local housing authority has refused to grant a licence under Part 2 or 3 of the act, or has revoked a licence in consequence of the licence holder breaching the conditions of his/her licence
  • Information about any property the licence holder or manager owns or manages or has owned or managed that has been the subject of an interim or final management order under the Housing Act 2004
  • The property becoming empty
  • Changes to liability insurance
  • Notification of repossession/foreclosure
  • Successful claims against the licence holder for default of tenancy deposits
  • Change in managing agent or the instruction of a managing agent
  • The undertaking of substantial works to the property, including conversions and modernisations or emergency problems relating to fire, flood or disaster and the tenants are made temporarily homeless

Reason: to safeguard the health, safety and wellbeing of occupants in the event of changes during the period of the licence and reduce ASB.

17. Absence

The licence holder is required to have in place suitable emergency and other management arrangements in the event of their absence. The name and contact details of the licence holder and/or manager must be supplied to each occupier and must also be on display in a prominent place. 

Reason: to safeguard the health, safety and wellbeing of occupants in the event of temporary absence of persons in control and reduce ASB.

18. Compliance inspections

The licence holder must allow the council to undertake compliance checks. council officers will give the licence holder 48 hours’ notice of these checks and produce valid authorisation at the time of visit. 

Reason: To ensure that the property complies with the Housing Act 2004 and licence conditions.

19. Consequences of failing to meet the Blackpool Standard upon inspection

Any licence that has been granted with a discounted fee based on meeting the Blackpool Standard must adhere to the standard for the entirety of the licence period. The council reserve the right to inspect the property at any time during the licence period to ensure standards are maintained.
Failure to maintain the Blackpool Standard will result in the full licence fee being made payable to the council within 30 days.
Reason: To ensure all licence holders who apply for and successfully meet the Blackpool Standard comply with the requirements of the code of practice.