Property licensing for landlords and letting agents

• Properties that meet the converted block of flats test (section 257 HMOs), unless the individual flat/s meet the mandatory test; for example, that the flat is multiply let to five or more persons in two or more households
• Flats in multiple occupation in a purpose-built block of flats that houses three or more flats
• Properties let by a local authority or a Registered Provider (RP), traditionally known as a not-for-profit Housing Association
• Properties already subject to a management order or empty dwelling management order
• Properties subject to a temporary exemption notice
• Owner-occupied homes where a single owner lives in the property as their main residence and shares accommodation with up to two single lodgers
• Holiday lets; and tenancies under a long lease
• An HMO that is managed by a charity registered under the Charities Act 2011 and which: 
  • is a night shelter, or 
  • consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder
• Any building which is occupied principally for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering
• Student accommodation directly managed by educational institutions, e.g. halls of residence
• Single family dwellings where a dwelling is occupied by one household
• Homes with up to two lodgers

1. Tenancy Management

a) Terms of Occupation

1. The Licence Holder must supply the occupants of the property a written tenancy agreement or a written occupancy agreement showing the terms upon which they occupy the property. The Licence Holder must provide the Council with copies of any such agreements within 14 days on demand.
2. The Licence Holder must demand references from persons who wish to occupy the property. No new occupiers should be allowed to occupy the property if they are unable to provide a suitable reference. When referencing, consideration must be given to the tenant’s history, credit and right to rent checks. The Licence Holder must provide the Council with evidence of such references and within 14 days on demand.
   
   Merton Rent Deposit Scheme:
   This condition does not apply to any tenancy or licence arranged through the Merton Rent Deposit Scheme or similar housing assistance schemes administered or approved by the Council, where tenant referencing is conducted or deemed unnecessary by the Council as part of the placement process.

b) Deposits

1. The Licence Holder must protect any deposits taken from the occupiers under an assured periodic tenancy agreement (APT), by placing them in a statutory tenancy deposit scheme.
2. The Licence Holder must give information about the scheme being used to the occupier within the statutory time limit if a deposit is taken. This information must be provided to the Council within 14 days on demand. 

c) Anti-social behaviour (ASB) 

1. The Licence Holder shall effectively address problems of antisocial behaviour resulting from the conduct on the part of occupiers of, or visitors to the property by complying with the requirements of the following: 
2. The Licence Holder must not ignore or fail to act, if the Licence Holder has received complaints of ASB that concern the occupiers of, or visitors to the property or result from their actions.
3. If a complaint is received, or antisocial behaviour is discovered by the Licence Holder, the Licence Holder must contact the occupiers within 14 days of the complaint being received or discovered. The occupiers must be informed of the allegations of the antisocial behaviour in writing and of the consequences of its continuation.
4. The Licence Holder shall from the date of receipt of the complaint of antisocial behaviour, or the date of its discovery, monitor any allegations of antisocial behaviour and whether it is continuing.
5. Where the antisocial behaviour is continuing after 28 days from receipt of the complaint, the licence holder, must within 7 days visit the property and issue the occupier with a warning letter advising them of the possibility of eviction.
6. Where the Licence Holder has reason to believe that the antisocial behaviour involves criminal activity the Licence Holder shall ensure that the appropriate authorities are informed.
7. If after 14 days of giving a warning letter the occupier has taken no steps to address the ASB and the ASB is continuing, the Licence Holder shall take formal steps under the written tenancy or occupancy agreement that must include where appropriate promptly taking any legal proceedings to address the antisocial behaviour.
8. Where the Licence Holder is specifically invited, they shall attend any case conferences or multiagency meetings arranged by the Council or police.
9. Any correspondence, letters and records referred to above must be provided to the Council within 28 days on demand.

2. Property Management

a) Gas

1. If gas is supplied to the property, the Licence Holder must produce to the Council, annually or within 7 days of a written request, a Gas Safety Certificate obtained in respect of all gas appliances in the property within the last 12 months. The Gas Safety certificate must be issued by a registered Gas Safe contractor (as required by the Gas Safety (Installation and Use) Regulations 1998).

b) Electrical Appliances and Electrical Installation

1. The Licence Holder must keep all electrical appliances provided by the Licence Holder at the property in a safe condition. The Licence Holder must supply the Council with a declaration by the Licence Holder to the safety of such electrical appliances within 14 days on demand.
2. The Licence Holder must ensure that every electrical installation in the property is in proper working order and safe for continued use. The Licence Holder must supply the Council with a declaration by the Licence Holder as to the safety of such installations within 7 days on demand.
3. The Licence Holder must ensure that all fixed electrical installations in the property are tested and certified as safe by an appropriately qualified electrician at least every 5 years and must retain copies of any reports relating to such testing throughout the duration of the licence. The Licence Holder must provide the Council with copies of any such reports within 7 days on demand. 

c) Furniture and furnishings

1. The Licence Holder must keep all furniture made available by the Licence Holder at the property in a safe condition. 
2. The Licence Holder must ensure that all furniture and furnishings made available by the Licence Holder in the property comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).
3. The Licence Holder must provide a declaration regarding the safety of all furniture and furnishings made available by the Licence Holder in the property to the Council within 14 days of demand.

d) Waste and Recycling

1. The Licence Holder must ensure that the occupiers of the property are given written information on waste disposal and informed that pending collections, bags or loose waste and recycling are not to be stored outside the property in any areas apart from designated waste storage areas.
2. The Licence Holder must ensure that the occupiers of the property are provided with sufficient and appropriate receptacles for storage of waste and recycling produced at the property.
3. The Licence Holder must ensure that waste arising from building works or improvements to the property, does not accumulate in the curtilage to the property. Where such accumulations are unavoidable, the Licence Holder must ensure that accumulations are removed as soon as reasonably practicable.

e) Certificates

1. The Licence Holder must provide to the Council an annual buildings insurance certificate for the property within 14 days on demand.
2. The Licence Holder must provide to the Council an Energy Performance Certificate for the property within 14 days of demand. 

3. Fire Safety

1. The Licence Holder must ensure that a smoke alarm is installed on each storey of the property where there is a room used wholly or partly as living accommodation. The smoke alarms must be kept in proper working order, and the Licence Holder must provide a declaration regarding the condition and positioning of such alarms to the Council within 7 days on demand. 
2. The Licence Holder must provide a test report relating to the condition of any fire detection system where present to the Council within 7 days on demand. 

4. Carbon Monoxide

1. The Licence Holder must ensure that a smoke alarm is installed on each storey of the property where there is a room used wholly or partly as living accommodation. The smoke alarms must be kept in proper working order, and the Licence Holder must provide a declaration regarding the condition and positioning of such alarms to the Council within 7 days on demand. 

5. Overcrowding and Space Standards

1. The Licence Holder must notify the Council in writing where there is a change in the maximum number of households permitted to occupy the property.
2. The Licence Holder must notify the Council where there is a change in the maximum number people permitted to occupy the property.