Private Sector Housing Civil Financial Penalty Policy

All granted HMO licenses impose a set of conditions on the licence holder. It is important that the licence holder of a licensed property complies with all imposed conditions, but the Council recognises that a failure to comply with certain licence conditions is likely to have a much bigger impact on the safety and comfort of residents than others.

The starting levels for each different type of licence condition breach are set out below based on the seriousness of the offence. Where a licence condition could be interpreted to fall within two different potential starting levels, the higher starting level will be chosen.

Where multiple licence conditions have been breached at a single property, a separate civil penalty will be imposed for each licence condition that has been breached.

Failure to comply with licence conditions related to

• signage or the provision of information for tenants
• provision of written terms of occupancy for tenants
• procedures regarding complaints
• procedures regarding vetting of incoming tenants
• compliance with deposit protection legislation
• the recording and provision of information regarding rent payments
• procedures relating to rent collection
• the provision of information regarding occupancy of the property
• the provision of information regarding change of managers or licence holder details
• the provision of information related to changes in the property
• requirements relating to the sale of the property
• attending training courses
• requirements to hold insurance
• the provision of insurance documentation
• the provision of or obtaining of suitable references
• the provision of keys and alarm codes
• security provisions for access to the property
• the provision of suitable means for occupiers to regulate temperature
• carrying out items on a schedule of works not otherwise mentioned in the HMO licence conditions section of this policy, relating to non-compliance with items on a schedule of works

Offence-specific mitigating factors:

• the nature and extent of the licence condition breach

Offence-specific aggravating factors:

• the nature and extent of the licence condition breach

Failure to comply with licence conditions related to

• the nature and extent of the licence condition breach
• procedures and actions regarding Inspections
• procedures regarding Repair issues
• maintenance and use of common parts (including gardens, outbuildings and property exterior) and living areas
• safeguarding occupiers and minimising disruption during works
• the provision of information regarding alterations and construction works
• procedures regarding emergency issues
• waste and waste receptacles, pests, minor repairs, alterations or decoration.
• giving written notice prior to entry
• allowing access for inspections
• minimising risk of water contamination
• the compliance of furnishings or furniture with fire safety regulations
• carrying out items on a schedule of works in relation to provision of mechanical extraction or electrical sockets

Offence-specific mitigating factors:

• the nature and extent of the licence condition breach

Offence-specific aggravating factors:

• the nature and extent of the licence condition breach

Failure to comply with licence condition breach

• the provision of documentation regarding energy performance certificates, fire detection and prevention, emergency lighting, carbon monoxide detection, fire risk assessments, gas installations, electric installations and appliances
• notification of legal proceedings, contraventions and other relevant information that may affect a fit and proper person status
• procedures and actions regarding ASB
• carrying out items on a schedule of works in relation to the provision of personal hygiene facilities, kitchen facilities or heating

Offence-specific mitigating factors:

• the nature and extent of the licence condition breach

Offence-specific aggravating factors:

• the nature and extent of the licence condition breach

Failure to comply with licence conditions related to

• minimum floor areas
• occupancy rates
• occupancy of rooms or areas that are not to be used as sleeping accommodation
• limits on number of households allowed to occupy the property or part of the property

Offence-specific mitigating factors:

• the nature and extent of the licence condition breach

Offence-specific aggravating factors:

• the nature and extent of the licence condition breach

Failure to comply with licence conditions related to

• the condition or existence of smoke alarms, carbon monoxide alarms, emergency lighting, gas installations, electric installations and appliances, fire detection or other fire safety features or requirements
• the provision and maintenance of safe means of escape, including requirements to keep escape routes and exits free from obstruction
• carrying out items on a schedule of works in relation to fire safety or the provision of a Carbon Monoxide detector

Offence-specific mitigating factors:

• the nature and extent of the licence condition breach

Offence-specific aggravating factors:

• the nature and extent of the licence condition breach