Agenda item

This report sets out the steps taken to improve Private Sector Housing through discretionary property licensing.

Ed Shaylor (Private Sector Housing Manager), presented the report and noted that the private rented sector in Hammersmith and Fulham was the sixth highest in London and eight highest in the country and accounts for 30% of all households in the Borough according to the 2011 census.

To help improve the private rented sector, the Council had two discretionary property licensing schemes which expired in June 2022.  These schemes required landlords of privately rented houses and flats which meet the criteria to apply to the Council for a licence for each property.

The proposal was from June 2022 to June 2027 to:

·       continue additional Licensing for Houses and Flats in Multiple Occupation (HMOs) for all HMOs not covered by mandatory HMO Licensing, and

·       substantially reduce the number of streets in the Selective Licensing scheme from 128 to 23, to focus on busy roads, flats above shops, and roads with a significant private rented sector. The proposed 23 streets were in a range of the borough’s districts so would provide wide coverage of the rental sector – 4 streets were in W6; 4 in W14; 9 in W12; 5 in SW6; and 1 in NW10.

HMO licensing being Borough wide would also ensure that all areas of the Borough were properly supported by the private sector housing team. There was also a proposal to prohibit multiple occupation use of leasehold flats where the Council was the freeholder, due to pressure on block infrastructure and nuisance to neighbours.

Councillor Victoria Brocklebank-Fowler asked for further clarification to be provided on the policy for HMO’s in leasehold flats. In response Ed Shaylor (Private Sector Housing Manager), noted that where there was a leasehold agreement prohibiting use of a flat for multiple occupation, a policy had been implemented to limit the duration of the licence to two years during which time the licence holder was expected to either cease using the flat as an HMO when the tenants moved out or obtain a waiver from the freeholder. The same approach had been adopted where the Council was the freeholder, as the Council had a policy not to allow its leasehold flats to be used as HMOs.

Councillor Iain Cassidy commented that a very small number of private tenants had responded to the public consultation and asked what measures had been put into place by the Council to expand the engagement strategy with the public. Ed Shaylor (Private Sector Housing Manager), noted it was apparent at the beginning of the consultation that Officers were receiving a higher number of replies from landlords in comparison to the tenants. Officers were working closely with tenant representative organisations and the Council’s Environmental Health Officers also reached out to tenants to encourage participation in the consultation. In addition, 13000 leaflets were delivered within the Selective Licensing streets to the occupiers as part of the consultation.

Referring to Appendix 5 (Survey of privately renting tenants December 2020 to February 2021), Councillor Iain Cassidy raised concerns in relation to the safety responses. He highlighted there were a significant number of tenants which had not been issued with mandatory gas safety certificates. He asked whether there was any data on the number of private landlords which were unaware of their duty of care under current legislation and regulations. In response, Ed Shaylor (Private Sector Housing Manager), explained that in his experience, landlords came in many guises, with differing levels of compliance. The Committee noted that of all the properties that had been licenced under the current scheme (approximately 6000), a very substantial number of landlords were unaware of minimum safety requirements. Ed Shaylor explained the advantages of the licensing scheme, which would provide landlords with clear information and guidance on their obligations and responsibilities, and in turn, improve the overall standards within the Private Rented Sector.The Council also offered advice to landlords via the Council’s website and telephone.

The Chair felt that the criteria applied for the selection of the proposed streets for the licensing scheme was reasonable and clear. She queried whether the commercial properties that had been converted into residential flats and properties that were not on the Council’s radar would also benefit from being included as part of the Selective Licensing scheme. Ed Shaylor (Private Sector Housing Manager), outlined the reasons why the Council had opted for the selected streets and noted that it would also be useful to consider defining the type of property rather than the street or location as long as the Council was clear on what was included in the scheme.

Members noted this report.