Conditions of selective licences under Part 3 of the Housing Act 2004
- Requirements for works to be carried out
- Gas safety
- Electrical installation and safety
- Furniture and furnishings
- Storage and disposal of household waste
- Pests
- Water supply and drainage
- External areas
- Tenancy agreements
- Terms of occupation
- Tenants' rights
- Licence holder/manager details
- Complaints procedure
- Anti-social behaviour and damage
- References
- Smoke alarms
- Carbon monoxide alarm
- Fire safety compliance
- Changes and alterations
- Management
- Training
1. Requirements for works to be carried out
The licence holder must ensure that if the Authority specify any works as necessary to be carried out as a condition of the grant of this licence, then such works are carried out within the time period so specified.
2. Gas safety
If gas is supplied to the House a copy of the current gas safety certificate obtained in respect of the house within the last 12 months is provided to the authority annually for their inspection.
The certificate states that it covers the complete gas installation including: supply pipes, flues, gas appliances and that they are safe to be operated.
That each year an annual inspection of the house is undertaken by a suitably qualified and experienced gas engineer in accordance with the requirements of the Gas Safety (Installation and Use) Regulations 1998, or any subsequent amended regulations. Any defects noted on the certificate must be promptly rectified and certified as satisfactory.
3. Electrical installation and safety
Every electrical appliance which is provided by the licence holder for the use of a tenant is, and always remains in, a safe condition and the licence holder shall ensure that a record of visual inspections and tests is maintained.
The licence holder shall supply to the authority within 7 days of its demand the record of visual inspections and tests.
The licence holder shall supply to the authority within 7 days of its demand a declaration as to the safety of electrical appliances.
The licence holder shall ensure that every fixed electrical installation is inspected and tested at intervals not exceeding 5 years by a person competent to undertake such inspection and testing.
The licence holder shall obtain from the person conducting that inspection and testing a report specifying the results of the inspection and testing.
The licence older shall supply to the authority within 7 days of its demand any such report.
4. Furniture and furnishings
Every item of upholstered furniture, including: sofas, chairs, children’s furniture, beds, upholstered headboards, or garden furniture; together with all soft furnishings, including: mattresses, seat pads, cushions or pillows which are supplied to a tenant must comply with the relevant safety tests as prescribed under the Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended), or any later amended regulations.
All items of furniture supplied are, and remain, labelled to show that they comply with the relevant safety tests.
Upon receiving a demand by the authority to provide a declaration as to the safety of such furniture and soft furnishings, such is provided within 14 days.
5. Storage and disposal of household waste
Arrangements are made that comply with any scheme which the authority adopt in connection with the storage and collection of household waste at houses pending collection.
Where no such scheme has been adopted, that suitable refuse and re-cycling containers are provided on a scale sufficient for the number of tenants.
Any necessary supplementary arrangements for the disposal or refuse and recyclable materials from the House are made having regard to the services provided by the authority.
If within the curtilage of the house there is insufficient space to store refuse, waste and recyclable materials, adequate arrangements for extra collections of such are made.
Each tenant is informed in writing, at the start of their tenancy, of the days on which refuse, and recycling collection happens.
6. Pests
Reasonable precautions are taken to ensure that the House, together with its curtilage and garden are, so far as is practicable, kept free from pest infestation.
Within 7 days of becoming aware of any pest infestation, adequate steps are taken with a view to effectively controlling such infestation.
7. Water supply and drainage
Adequate measures are taken to ensure that there is no unreasonable interruption in the supply of water to the house.
Sufficient steps are taken to ensure that the drainage system at the House is kept free of obstructions.
8. External areas
The exterior of the house is maintained in a reasonable and decorative order and state of repair, and any garden, forecourt, yard, or passageway within the curtilage of the house is kept in a reasonably clean and tidy condition.
If a tenant, or a member of their household, or their visitor causes a breach of condition 8.1 above, steps are immediately taken to address the matter including a written warning being given to the tenant within 14 days of it coming to the attention of the licence holder.
A copy of any written warnings that have been given to a tenant is provided to the Authority within 7 days of a request being made to see the same.
9. Tenancy agreements
At the start of each tenancy, or licenced period of occupation, the tenant is provided with a written agreement which clearly sets out the terms upon which the tenant is permitted to occupy the house.
10. Terms of occupation
The occupiers of the house are supplied with a written statement of the terms on which they occupy it.
11. Tenants' rights
Giving reasonable notice to complete repairs, and 24 hours’ notice prior to inspections of the premises which are occupied by the tenant.
Terminating a tenancy or licensed period of occupation in a lawful manner.
12. Licence holder/manager details
An information pack is given to all new tenants providing the name, address, telephone number and email address, together with the emergency contact telephone number of the person managing the property at the start of the tenancy.
If any of the above details change, the notice is amended from time to time so that the correct up to date information is given.
In the event that their contact details change (email address, postal address or mobile telephone number) the licence holder must ensure the council team running the scheme is made aware.
13. Complaints procedure
They have a written complaints procedure concerning the management and conditions of the property, a copy of which is given to the tenant at the start of their tenancy.
14. Antisocial behaviour and damage
All reasonable and practicable steps are taken to prevent or reduce anti-social behaviour or criminality by the tenants or occupiers of the property, together with their visitors.
In particular, if acts of anti-social behaviour occur at the property in breach of the terms of the tenancy or licence agreement, they take appropriate steps to address this which may, in the case of serious or repeated antisocial behaviour, mean commencing possession proceedings.
Records are kept of what action is taken which are provided to the Authority within 7 days of a request to see them.
15. References
References are demanded for new occupiers before entering into any occupancy agreement with them or allowing them to occupy the premises. Where obtained, copies of these references shall be kept for the duration of this licence and made available to the authority within seven (7) days of the authority’s demand.
16. Smoke alarms
There must be at least one smoke alarm installed on each storey of the property on which there is a room used wholly or partly as living accommodation.
Each smoke or heat detector and alarm system is periodically inspected so as to ensure that they are maintained in proper working order.
Within 14 days of receipt of a demand by the authority to see copies of any inspection or maintenance certificates, or confirmation of the location and positioning of the smoke or heat detectors and alarm system, such are provided within 14 days of the demand.
17. Carbon monoxide alarm
A carbon monoxide alarm is installed in any room in the property which is used wholly or partly as living accommodation and contains a gas or solid fuel burning combustion appliance.
Such an alarm is kept in proper working order; and that the authority is supplied with, on demand, a declaration by them as to the condition and positioning of any such alarm.
Adequate checks are carried out before each tenancy commences so as to ensure that each combustion appliance is in proper working order on the day the tenancy begins.
18. Fire safety compliance
The house complies with current British Fire Regulation and is aware of the current version of the Local Authorities Coordinators of Regulatory Services (“LACORS”) Fire Safety Guidance LACORs which should be used for reference.
19. Changes and alterations
In respect of any change to the:
- Licence holder’s residential address or contact details, or where the Licence Holder is a business, if the business address has changed
- Freehold or leasehold ownership
- Licence holder or manager’s circumstances which may impact upon their status as a fit and proper person including but not limited to cautions, criminal conviction for an offence concerning either dishonesty, fraud, violence, misuse of drugs, discrimination, or housing regulations
Such change is reported in writing to the authority within 21 days of it occurring (or any such lesser period that is specified in any relevant regulation).
20. Management
They comply with all the requirements of the Housing Act 2004 and all other secondary legislation which concerns the regulation and management of houses subject to Part 3 licensing.
21. Training
If requested to do so by the authority, the licence holder shall attend suitable training on the law and legal requirements relating to managing privately rented housing within six months of the date they are so requested. The authority will at that time provide a list of suitable qualified training providers.