Notice of Designation of an Area for Additional Licensing

The Local Housing Authority (“Brighton & Hove City Council”) in exercise of its powers under Section 56(1) of the Housing Act 2004 (“the Act 2004”) hereby designates for additional licensing the area described in paragraph 4.

Citation, commencement and duration

1. This designation may be cited as the Brighton & Hove City Council Designation for an Area for Additional Licensing of Houses in Multiple Occupation (“HMOs”) 2024.
2. The Designation has been made under the general approval granted under Section 58 of the Act 2004 and was approved by Brighton & Hove City Council on 13 March 2024. The Designation shall come into force on 1 July 2024.
3. The Designation will cease to have effect on 30 June 2029 (not more than five years) or earlier if the authority revokes the scheme under Section 60 of the Act 2004.

Area to which the designation applies

4. This Designation will apply to the entire area of Brighton & Hove City Council, as shown on the map in Annex A.

Application of the designation

5. The Designation will apply to all HMOs which are two or more storeys with three or four occupants and that:
   
   1. Meet the conditions in Section 254 (2) of the Act 2004 (“the standard test”);
   2. Meet the conditions in Section 254 (3) of the Act 2004 (“the self-contained flat test”);
   3. Meet the conditions in Section 254 (4) of the Act 2004 (“the converted building test”); or
   4. An HMO declaration is in force in respect of it under Section 255 of the Act 2004, as defined in Annex B within the area described in paragraph 4. unless:
      • i. The property is an HMO that falls within the nationally prescribed category of HMO that is required to be licensed as a Mandatory HMO under Section 55 (2)(a) Part 2 of the Act 2004[1];
      • ii. The property is subject to an Interim of Final Management Order under Part 4 of the Act 2004;
      • iii. The property is subject to a temporary exemption under Section 62 of the Act 2004; or
      • iv. The property is an HMO that is a building or part of a building that is not an HMO for the purposes of licensing under Part 2 of the Act 2004[2] as defined in Annex C.

Effect of the designation

6. Subject to paragraphs 5 d(i) to (iv) above, every HMO which are two or more storeys with three or four occupants, in the area specified in paragraph 4. that is occupied under a tenancy or licence shall be required to be licensed under Section 61 of the Act 2004.
7. This Designation falls within the description of designations for which the Secretary of State has issued a General Approval dated 26 March 2015 and which came into force 1 April 2015.
8. Brighton & Hove City Council will comply with the notification requirements contained in Section 59 of the Act 2004 and shall maintain a register of all properties licensed under this Designation, as required under Section 232 of the Act 2004[3].

All landlords, managing agents or tenants within the designated area should obtain advice to ascertain whether their property is affected by the Designation by contacting the Council’s Private Sector Housing Team.

On 1 July 2024 applications for licences will be made available online at Brighton & Hove City Council. Please contact the Council’s Private Sector Housing Team if you are a landlord, managing agent or a tenant and require:

• information on if your property is affected by this scheme
• advice about the Designation and licensing
• advice on private sector housing

Our address is Private Sector Housing, Brighton and Hove City Council, Hove Town Hall, Norton Road, Hove, BN3 3BQ.

You can also:

• visit the Private Housing webpages
• send an email to psh@brighton-hove.gov.uk
• phone 01273 293 156 

The Designation may be inspected at the above address 9am to 4.30pm weekdays. Please make an appointment with the Private Sector Housing Team before visiting.

Upon the Designation coming into force on 1 July 2024 a person who operates a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by a licence is liable to prosecution and on summary conviction to an unlimited fine.

A person who fails to comply with a condition of a licence is liable upon summary conviction to an unlimited fine.

The Council, as an alternative to initiating a prosecution, may pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £30,000 and/or taking management control of an unlicensed HMO.

In addition, where an offence has been committed an application may also be made by the Council and/or tenant under provisions of Section 73 and 74 of the Act 2004 for a Rent Repayment Order to pay back up to 12 months’ rent, Housing Benefit or Universal Credit. 

Furthermore, it will not be possible to serve an eviction notice under Section 21 of Housing Act 1988 on tenants[4] of an unlicensed licensable property.

Signed:

Jess Gibbons, Chief Executive

Brighton & Hove City Council

Hove Town Hall, Norton Road 

Hove BN3 3BQ

19 March 2024

Footnotes

[1] Section 55 of the Act defines which HMOs are required to be licensed under that Act.  See also The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 (SI 2018 No. 221)

[2] Schedule 14 of the Act 2004 describes buildings that are not HMOs other than for the purpose of Part 1 of the Act 2004 [Housing Conditions and the Housing, Health and Safety Rating System]

[3] Section 232 of the Act 2004 and Regulation 11 of The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 (SI 2006 No. 373)

[4] Section 75 of the Act 2004

Section 254 (1) of the Act 2004, except the Designation does not apply to HMOs described in Section 254 (1)(e):

254 Meaning of “house in multiple occupation”

(1 )For the purposes of this Act a building or a part of a building is a “house inmultiple occupation” if:

• (a) it meets the conditions in subsection (2) (“the standard test”);
• (b) it meets the conditions in subsection (3) (“the self-contained flat test”);
• (c) it meets the conditions in subsection (4) (“the converted building test”); 
• (d) an HMO declaration is in force in respect of it under section 255; or
• (e) it is a converted block of flats to which section 257 applies.

Please see Schedule 14 of the Act 2004.