The Benefits of Licensing Schemes Case Studies

Transcription

1 Appendix 1 The Benefits of Licensing Schemes Case Studies Case Study 1 Background The Police reported to the HMO Licensing & Outhouse Enforcement Team that they had come across a potentially licensable HMO, being occupied by 10 individuals in Perivale. Description A two storey terraced property found to be occupied by 9 individuals. Occupants were a mixture of families, including children and single men. It has four bedrooms, one bathroom and one kitchen all shared by the tenants. Hazards Identified Overcrowding Inadequate amenities for the number of occupants Electrical Safety Hazards - due to overloading of electrical outlets Food Safety Hazards - due to poor arrangement of cooking facilities Damp and Mould Hazards- due to severe condensation mould in the bedrooms Unclean and unmaintained common parts Fire Safety Hazards - due to a lack of fire alarms, fire doors and firefighting equipment Overall there were six Category 1 hazards (as determined under part 1 of the Housing Act 2004) Licensing Status The property is two storeys high, the occupants share amenities and do not form a single household. Because it does not comprise three storeys it is exempt from Ealing s existing Mandatory Licensing scheme. Council Action The landlord was served with an Improvement Notice under Part 1 of the housing Act Further action can only be taken against the landlord if the Notice is not complied with. As the property is not licensable the poor management and landlord/tenant issues cannot be tackled. As the fit and proper person criteria do not apply there is nothing in law preventing the landlord from continuing to manage such properties and profiting from the substantial rental income received from the 10 occupants. The proposals in this report to introduce a borough wide Additional Licensing scheme would bring this type of property within licensing controls.

2 Photos: Case Study 1 Appendix 1

3 Appendix 1 Case Study 2 Background The Private Sector Housing Team received a complaint regarding a poorly converted property in Southall which had an occupied outhouse. It was alleged that the property had been badly converted into four self- contained flats and was in a state of disrepair. Upon checking the Council records it was found that the owner did not have the relevant permissions under Planning Development and Building Control for the works carried out to self- contain the property. Description A two storey mid terrace property found to be occupied by four different households. Occupants were a mixture of single persons and small families. The property consisted of two studio flats, a one bedroom flat and a three bedroom flat each with their own facilities. Hazards Identified Damp and Mould Growth Hazards - due to condensation in some of the bathrooms and penetrative leaks between the units, badly weathered window cills externally Domestic Hygiene Hazards - due to the presence of bed bugs in each of the units Fire Safety Hazards - due to a complete lack of fire detection and protection both within the flats and between the units Excess Heat Hazards - caused by the lack of an openable window in one of the rooms to the three bedroom flat Falls on the Level Hazards - in one of the studio flats caused by damaged floorboards Overall there were three Category 1 serious hazards (as determined under Part 1 of the Housing Act 2004) and two Category 2 hazards Licensing Status The property consists of a block that had been converted into self- contained flats with more than 1/3 of the flats being rented. The conversion did not comply with the 1991 Building Regulations. The property would therefore be classed as a Section 257 HMO. Because there is no sharing of amenities by the households it is not currently licensable as part of Ealing s existing Mandatory Licensing scheme. Council Action An Improvement Notice and Suspended Prohibition Order were served under Part 1 of the Housing Act Further action can only be taken against the landlord if the Notices are not complied with. As the property is not licensable the poor management and landlord/tenant issues cannot be tackled. The proposals in this report to include within an Additional Licensing Scheme Section 257 HMOs would bring this type of property within licensing controls.

4 Appendix 1 Photos: Case Study 2 The Benefits of Licensing Schemes Case Studies

5 Case Study 3 Appendix 1 Background: Neighbours reported a property to the Private Sector Housing Team, occupied by 3 individuals, in Acton. The neighbours were concerned about odour nuisance (from dog faeces and cannabis smoke) and antisocial behaviour (drug-dealing, not keeping dogs under control) coming from the property. Description: The property is a ground floor flat, created by splitting a 2-storey terraced property into 2 separate flats. It was occupied principally by a vulnerable elderly male and 2 younger males, who claimed to be friends staying at the property temporarily. It has a living area, bedroom, kitchen area and bathroom; however the standard of the amenities were exceptionally poor. It was alleged that the 2 younger males were using this property to sell drugs, taking advantage of the elderly tenant. They kept 3 dogs which appeared to be of bull breed origin. The dogs were young and due to lack of decent care, became increasingly aggressive as they grew older. Hazards/issues Identified Damp and mould hazards - condensation mould in the bedrooms due to there being no heating as a result of a broken boiler Personal Hygiene, Sanitation and Drainage hazards due to there being no hot water as a result of a broken boiler Unclean property and garden due to accumulation of dog faeces The overall poor condition of the property was considered to be caused through lack of care by the occupiers. Licensing Status: The property is a ground floor flat tenanted by 1 person, so would not be an HMO subject to any HMO licensing scheme. Council Action: The owner of the property was served with an Abatement Notice under section 80 of the Environmental Protection Act 1990 to require the removal of the accumulations of dog faeces and to repair the boiler to enable the property to have heating and hot water. An Improvement Notice was served under Part 1 of the Housing Act 2004 in relation to the hazard of damp and mould growth. Further action can only be taken against the landlord if the Notices are not complied with. As the property is not licensable the poor management and poor behaviour of the occupiers cannot be tackled. These were the principle concerns of nearby residents. As the fit and proper person criteria do not apply there is nothing in law preventing the landlord from continuing to manage such properties in this way, and profiting from the rental income received by renting this property out. The proposals in this report to introduce a Selective Licensing Scheme would bring this type of property within licensing controls (in the designated area)

6 Photos: Case Study 3 Appendix 1