If you think that your property is exempt from the requirement of licensing please contact us on

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1 Versin Cntrl: V2 28/10/2014/ADJ Insert Brent LOGO here PRIVATE HOUSING SERVICES Private Rented Prperty Licence Applicatin Guidance Cntents Purpse f this Guidance... 2 Des my prperty need a licence?... 2 What prperties are exempt frm licensing?... 2 Wh needs t apply fr the licence?... 4 What will yu need fr yur applicatin?... 5 What d we mean by shared facilities?... 5 Guidance n hw t measure yur accmmdatin. (Only needed fr huses in multiple ccupatin (HMO s))... 6 Further infrmatin Fr mre infrmatin r advice please view all the detailed infrmatin n ur website r cntact the HMO Licensing Team by n prs.licensing@brent.gv.uk r call /5 1 Page

2 Purpse f this Guidance The guidance is primarily fr the use f landlrds and managing agents and prvides infrmatin abut Brent Cuncil s prperty licensing designatin and schemes. By fllwing this guide users shuld be able t cmplete a licence applicatin. Des my prperty need a licence? The flw diagram belw will help yu t answer this questin and t decide which licence yu shuld apply fr. Althugh there are sme exemptins t licensing which the law stipulates, failure t make a valid applicatin t the Cuncil befre 1 st January 2015 may result in the landlrd r managing agent being prsecuted and fined up t 20,000 in the Magistrates curts. What prperties are exempt frm licensing? There are sme prperties which are exempted frm either HMO r Selective licensing prvisins. In additin the Cuncil may serve a Temprary Exemptin Ntice where the persn having cntrl f r managing the huse which is required t be licensed ntifies the cuncil f steps being taken t secure that the huse meaning that it will n lnger require a licence. 2 Page

3 Exemptins under Part 2 f the Act (HMO s) are: Buildings cntrlled r managed by a Lcal Husing Authrity Buildings cntrlled r managed by registered scial landlrds and husing prviders. Buildings cntrlled r managed by Plice. Buildings cntrlled r managed by fire brigade Buildings cntrlled r managed by Health Service Bdy Buildings regulated by ther enactments Certain University/Cllege accmmdatin ccupied by students Buildings ccupied by religius cmmunities (except sectin 257 HMO s) Any building ccupied by tw persns wh frm tw husehlds. If yu think that yur prperty is exempt frm the requirement f licensing please cntact us n Exemptins fr selective licensing nly: Selective licensing f residential accmmdatin under Part 3 f the Husing Act 2004 applies t all private rented prperties that are nt a HMO s which are lcated within the fllwing 3 (three) wards:- Harlesden Wembley Central Willesden Green Exemptins under Part 3 f the Act are: The huse is a Huse in Multiple Occupatin (HMO) (but yur prperty will prbably still have t be licensed under the mandatry r additinal licensing schemes). A Temprary exemptin ntice is in frce (s.62 r s.86 Husing Act 2004) A management rder is in frce (s.102 r s.113 Husing Act 2004) The tenancies r licences are granted by registered scial landlrds and husing prviders. The tenancies and licences are subject t a prhibitin rder whse peratin has nt been suspended. (s.20/s.21 Husing Act 2004) The tenancy is a business tenancy Certain premises licensed fr alchl cnsumptin (nly n-licences nt ff licences) Certain agricultural tenancies Buildings cntrlled r managed by a Lcal Husing Authrity Buildings cntrlled r managed by Plice. Buildings cntrlled r managed by fire brigade Buildings cntrlled r managed by Health Service Bdy Tenancies, licences etc. regulated by ther enactments Certain University/Cllege accmmdatin ccupied by students Where the wner r his relatives ccupy a prperty n a lng leasehld Where landlrd lets t certain relatives Hliday Hmes Where landlrd/licensr r his relative lives at the prperty and shares facilities If yu think that yur prperty is exempt frm the requirement f licensing please cntact us n Page

4 When cmpleting the applicatin frm yu will need t be able t answer the fllwing questins. Hw many streys des yur prperty have? All flrs including the grund flr shuld be cunted as a strey. Only cunt attics and cellars if they are r culd be used as habitable rms. A few steps within a huse will nt cnstitute an additinal r mezzanine strey. Fr guidance purpses, a single change in level nt exceeding 1 metre between tw parts f a huse will nt be regarded as a Mezzanine flr. Hw many husehlds live in yur prperty? A single husehld is when, members f the same family r a cuple that are in a relatinship, live tgether. A huse can have mre than ne husehld; if fr example, tw cuples live in the huse, this wuld be tw husehlds, anther example is where 5 peple nt related r in a relatinship live in a HMO, this wuld be 5 husehlds. A mre detailed explanatin can be fund Under Sectin 258 f Husing Act Hw many ccupants are there? This is the number f peple, including a child f any age currently living in the prperty. Hw many lettings are there? A letting is a tenancy. A single persn culd have ne tenancy r a cuple r family culd have ne tenancy that cvers them all. A HMO is likely t have multiple tenancies. Number f habitable rms? Habitable rms are bedrms, dining rms, cmmunal living rms, drmitries, lunges r studies. Cnsevatries, bathms, kitchens, hallways r landings are nt habitable rms. Wh needs t apply fr the licence? The licence hlder must be the landlrd r the persn wh is respnsible fr managing the prperty and t whm the tenants pay rent t if different frm the landlrd. They must be a 'fit and prper persn' wh is in cntrl f the prperty. The licence hlder shuld als be the persn wh is able t authrise, rganise and pay fr essential repairs t the prperty. They must be available t the tenants shuld questins r prblems arise in respect f the prperty, and have the means t reslve them where reasnably practical. 4 Page

5 What will yu need fr yur applicatin? 1 Full details f the license hlder (if the applicant is nt the prpsed license hlder). 2 Details f freehlder(s) and lease hlder(s). 3 Mrtgage cmpany and any persn r rganisatin that has a legal interest in the prperty. 4 A scanned cpy f the current Gas Safe certificate. This will need t be upladed as part f the applicatin. 5 If it is a HMO, rms will need t categrised and ther infrmatin prvided as fllws: Bedrm. Bedrm with WC (tilet and basin). Bedrm with shwer r bath. Bedsit (bedrm with cking facility). Bedsit with WC (bedrm with cking and tilet and wash hand basin). Self-cntained flats. The number f bedrms, living rms (cmmunal rms), cmmunal kitchens, bathrms, shwer rms, WC (tilet with wash hand basin). Rm sizes (in metres 2 ) fr all bedrms, bedsits, cmmunal kitchens and cmmunal living rm). Number f cking facilities within the cmmunal kitchen. The lcatins and descriptin f the all f rms within the prperty. 6 Details f fire alarm system and health and safety prvisins in place fr example, extinguishers, sunders and emergency lighting. What d we mean by shared facilities? Kitchen facilities shuld be prvided n a rati f ne set f facilities t every three husehlds r every five persns whichever is the smaller. There shall be n mre than tw sets f facilities in any ne rm. A rm cntaining ne set f facilities shuld be a minimum f 5.5m² and a kitchen cntaining tw sets f kitchen facilities shuld be a minimum f 11m². What is the minimum standard fr a set f kitchen facilities? Cking Gas r electric cker with tw burners/hbs (fur burners/hbs if prvided fr mre than ne persn), ven and grill. Sink Stainless steel sink and integral drainer (minimum size 1000mm x 600mm), set n a base unit. The sink is t be prvided with a cnstant supply f ht and (ptable) cld water and prperly cnnected t the drainage system via a suitable trap. A tiled splash back (minimum 300mm high) shall be prvided t the sink and drainer. Strage refrigeratr, minimum capacity 0.15m³. 5 Page

6 A strage cupbard, minimum capacity 0.3m³ e.g. 600mm wide x 720mm high x 600mm deep r 0.4m³ e.g. 1000mm wide x 720mm high x 600mm deep fr a tw persn husehld. [In calculating the required prvisin f strage cupbards, base unit cupbards belw sinks/drainers shuld be discunted.] Preparatin A suitable wrktp r table f smth and impervius material f minimum size 1000mm x 600mm. Tw duble utlet 13 amp electrical pwer sckets t be situated abve the wrk surface at a cnvenient height and in a safe psitin. These are in additin t any pwer utlets serving majr appliances. What is the minimum standard fr tilet (water clsets) and bathrm facilities? Bathrm and tilet facilities shuld be prvided n a rati f ne set f facilities t every three husehlds r every five persns whichever is the smaller. Each WC cmpartment shall be prvided with a suitable wash hand basin supplied with a cnstant supply f ht and cld water and a splash back. A bathrm/shwer rm shall be prvided with a suitable bath r shwer and als have a wash hand basin supplied with a cnstant supply f ht and cld water and a splash back and the bathrm must als have a tilet within the rm r in a separate rm adjacent t it. Guidance n hw t measure yur accmmdatin. (Only needed fr huses in multiple ccupatin (HMO s)) Befre making yur licence applicatin all bedrms and kitchens shuld be measured t clarify hw many peple can live there and als t clarify where extra facilities may need t be prvided. Irrespective f the flr area, cnsideratin shuld be given t the shape and useable living space within the rm t determine whether it is suitable fr ccupatin and t what ccupancy level. All rms must have a minimum flr t ceiling height f at least 2.14 metres (7 feet) ver nt less than 75% f the rm area. Any flr area where the ceiling height is less than 1.53 metres (5 feet) shall be disregarded. The flr area taken up by a slid chimneybreast shuld be discunted. Single rms shuld have a minimum width f 1.8m. Rms which are t accmmdate tw r mre persns shuld have a minimum width f 2.3m. All flr space taken up by en-suite bathrm/shwer facilities shuld be discunted. 6 Page

7 Hw t calculate the area f a rm. In simple terms, a flr area f a rm is calculated by multiplying the length by the width in metres as can be seen in this first example. Hwever, deductins need t be made fr things like chimney breasts r intrusins in t the rm as is illustrated in these tw examples When calculating the flr area f a rm that is in, fr example, a cnverted lft, any flr space that has a head-height f less than 1.53m shuld nt be included as illustrated here; 3.75m 1.53m head-height 10.84m m Flr area nt t be included. Flr area under 1.53m nt t be included. 7 Page