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In this issue:
On 13 February 2024 the Council’s Cabinet approved recommendations to conduct a statutory consultation on proposals to designate the whole of its area as subject to additional licensing for HMOs under Part 2 of the Housing Act 2004.
The consultation commenced on 26 February 2024 and ended on 17 May 2024.
The response to this consultation was beyond the Council's expectations and resulted in overwhelming support for the designation of Additional Licensing of HMOs in Coventry.
A further report, including the results of the consultation and the structure of the scheme was submitted to Full Council on 3 September 2024 recommending that it designates all HMOs in the City subject to additional licensing for five years. The Council resolved to agree with all the recommendations.
The designation was made on 7 October 2024 for the new scheme which will commence on 4 May 2025 and will cease to have effect on 3 May 2030 or earlier if the Council revokes the scheme.
The new scheme will take effect from 4 May 2025 the designation and Scheme applies to:
- Any HMO which is occupied by three or four occupiers irrespective of the number of storeys; and
- Any HMO defined under section 257 of the Housing Act 2004 that are mainly or wholly tenanted, including those with resident landlords, but not those that are:
A) a section 257 HMO consisting solely of two flats where neither of the flats is situated above or below commercial premises; or
B) a section 257 HMO where the flats share no internal or external common parts, and which are no more than two storeys high.
Jasmine Court in Stoke Aldermoor has finally been demolished, and the site is now being cleared for future development. This block of flats had been empty for 20 years and was in severe disrepair.
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The owners did not comply with the Demolition Order, so the Council took legal action to enforce the demolition. The site is planned to be redeveloped into family homes for social housing. Get a closer look at the Demolition work by watching this video.
The Council is increasing its efforts to tackle issues around empty properties in the city, especially given the high demand for good quality housing.
If you want to report a suspected empty property or need advice about an empty home, contact Coventry’s empty dwellings officer on 024 7697 5495 or by emailing emptyhomes@coventry.gov.uk
We receive a large number of complaints about damp and mould in privately rented houses.
There can be a number of different causes. Some of which are things done or not done by a tenant. Others are because works are required to the property.
Until all defects to a property are rectified that are likely to be contributing to the presence of damp and mould we cannot say that it is due to the tenant’s behaviour.
For example; are there leaks within the property or from outside, is the heating working and effective, is there sufficient ventilation?
In August 2024 the Government provided the below advice on Understanding and Addressing the health risks of damp and Mould in the home. It includes resources and training for landlords and guidance for tenants.
Over the last couple of years, we have seen a significant rise in rent-to-rent providers becoming involved with HMO properties in Coventry. A rent-to-rent provider is a company that takes full control of a property for a period of time without actually owning it. Many of these providers offer specialist services, such as supported accommodation for vulnerable tenants.
Previously, when rent-to-rent providers became involved with Coventry HMOs, we allowed the property owner to remain as the licence holder, provided the provider agreed to be bound by the licence conditions. This was because providers are often better placed than owners to address certain licence conditions, such as ensuring correct room occupancy and managing tenant behaviour.
Our policy allows either the property owner or the rent-to-rent provider to be named as the licence holder. However, property owners should be aware that if they choose to retain the licence themselves, they will be fully responsible for compliance with all licence conditions and any other legal requirements. As such, property owners need to carefully consider the extent of their control over the property and their authority to address potential issues, as any breach of license conditions will be attributed to them.
If you have an existing HMO licence where you are named as the licence holder and a rent-to-rent provider has agreed to abide by the licence conditions, we will continue to honour this arrangement until the licence expires. At the end of the licence period, you may choose to either reapply with the provider as the licence holder or remain the licence holder yourself, with full responsibility for compliance.
If you own a property where a rent-to-rent provider holds the HMO licence and that provider ceases to be involved with the property, then that licence will end and a new application will need to be made – either by you, or by the new provider should you engage one.
If you submit a new application involving a rent-to-rent provider, you may choose to name either the owner or the provider as the licence holder. However, if you opt to retain the licence yourself, we will expect you to exercise sufficient control and authority over the property to ensure compliance.
As always, we encourage property owners to perform due diligence and feel confident in their arrangements before entrusting their property to any organisation.
We have recently identified multiple purpose-built student accommodations with shared facilities operating without a licence. We would like to remind landlords and agents that under Part 2 of the Housing Act 2004, there are two types of licensing schemes related to Houses in Multiple Occupation (HMOs): the national Mandatory HMO Licensing scheme and Additional Licensing of HMOs.
National Mandatory HMO Licensing Scheme
Under the national Mandatory HMO Licensing scheme all properties that meet the following criteria will require a mandatory HMO licence:
- Is occupied by five or more persons;
- Is occupied by persons living in two or more separate households; and meets—
- The standard test under section 254(2) of the Act;
- The self-contained flat test under section 254(3) of the Act but is not a purpose built flat situated in a block comprising three or more self-contained flats; or
- The converted building test under section 254(4) of the Act.
Additional licensing of HMOs
Additional licensing covers HMOs that are not licensed under the Mandatory Scheme but are located in areas designated by the Council for Additional Licensing. This is outlined in Appendix B of the designation, which states:
"The designation applies to all HMOs as defined by Section 254 of the Act that are occupied by three or more persons comprising two or more households, and HMOs as defined by Section 257 of the Act."
For example:
- If a student block contains cluster flats with four or more persons, it clearly meets the criteria of three or more persons.
- If a student block contains a mixture of cluster flats and self-contained studios, each cluster flat with three or more occupants will require a separate licence. The studios themselves do not require a licence.
It is important to note that each individual flat is considered a licensable unit, not the entire building.
Licensing requirements
The Council requires you to apply for a licence for each cluster flat occupied by three or more people. You can do this by visiting our webpages. We also offer a pre-licencing advice service, where we can inspect your property to determine whether it is licensable and, if so, how many licences are needed.
Penalties for non-compliance
Operating a licensable HMO without a licence is an offence punishable upon conviction with an unlimited fine. The Council also has the authority to issue a financial penalty of up to £30,000. A conviction may also result in you being deemed not a "fit and proper" person to operate other licensable HMOs.
The Government has confirmed that all rented properties must meet an EPC of C or above by 2030. This is two years longer than the previous Government’s overturned target of 2028.
Housing Enforcement have been carrying out further proactive work in relation to EPC certificates issued for privately rented dwellings. We have investigated every EPC certificate that has been uploaded to the EPC register within the past 12 months rated F or G then checked to see if the property appears to be privately rented.
In the 12 months previous we have found that 123 EPC of F or G rating were registered. 22 of those properties appear to be privately rented with an EPC of F or G and having taken action, confirmed that: 6 now have an EPC of E or above and 1 exemption has been registered.
We have sent informal letters to all of the 22 properties above as we think an offence may have been committed. Enforcement action is ongoing on these remaining properties.
It is advisable that landlords start to plan now how they will ensure their properties are compliant by the new deadline or check whether an exemption can be applied for.
If you believe a property to be privately rented and does not have an EPC on the register https://www.gov.uk/find-energy-certificate, please let us know by emailing housingenforcement@coventry.gov.uk, we will investigate.
Read further information in an article here from Inside Housing.
Let’s Rent offers the rent guarantee and other benefits such as a managed scheme for peace of mind, deposit, bonus payment to private sector landlords who want to work with the Council by providing tenancies in order to alleviate homelessness in the city.
Let’s Rent is a completely free service so contact us to find out more.
Email the team: LetsRentCoventry@coventry.gov.uk
They will guarantee rent payments up to the Local Housing Allowance (LHA) rate for the period of the tenancy (up to 2 years).
The rent will be topped up to the average market rate.
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In our last newsletter, we featured a three-bedroom mid-terraced house that had been neglected for 5 years.
This time we are focusing on a first-floor maisonette that had been abandoned for several years, and was plagued by water damage and damp issues.
The Council intervened by serving enforcement notices, promoting the mortgage company to repossess the property.
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The Council also carried out emergency work to secure the building, reduce the risk of any dangerous structures and limit any further damage.
Initially, the property's poor condition prevented its sale at auction. The Council then issued a notice instructing the mortgage company to clear the interior of the flat. After complying with this notice, they successfully sold the property at a subsequent auction.
A developer purchased the property and carried out necessary repairs to bring it back into use.
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Ground up Property Services Director, Anthony Jones said “It was nice to turn this around not only for us, but for the family downstairs experiencing issues”.
Empty properties can deteriorate in condition and value, becoming susceptible to vandalism, arson, squatters, and pest infestations. The Council's Empty Dwellings Officer works in collaboration with other departments and Legal Services to prioritise cases and ensure effective coordination.
By taking proactive measures as per our Empty Dwellings Strategy 2021- 2026, the Council aims to bring more long-term empty homes back into use.
For more information, please visit www.coventry.gov.uk/emptydwellingsstrategy
The Department for Work & Pensions has shared guidance for landlords on Universal Credit and rented housing.
The guidance entails information for landlords about Universal Credit (UC) to help them understand what they can do to help their tenants prepare for:
- Their move to the single Universal Credit benefit payment.
- Making payments of their housing cost (rent) direct to their landlord themselves.
Specifically, this guide covers the below topics:
- UC and landlords
- Alternative payment arrangements
- Service charges
- UC housing queries routeway
- UC ocnsent and disclosure
- UC – Top tips for landlords.
Since October 2023, our Compliance Officer (Fire Safety) has inspected 48 high rise (over 18 metres) residential buildings to ensure they meet Fire Safety (England) Regulations 2022. A further 7 blocks will be inspected in due course.
We are also starting to look at medium rise (11 – 18 metres) buildings to try and identify any that may have combustible external walls.
The Cladding Safety Scheme is a fund that addresses fire risks associated with cladding on residential buildings. Please use the link Tell us about your building's unsafe cladding if you have concerns. Further details about the scheme can be found online.
Landlords and tenants can raise any issues they are concerned about in a block to the Principal Accountable Person (PAP) for the building. The PAP must display their name and contact details in the building.
We want to work with you to improve housing in the city. If you want to get in touch with any questions please, contact the team:
Email: hmo@coventry.gov.uk
Telephone: 024 7697 5467
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