Document Proposal to review HMO options

The Committee was advised that the Overview and Scrutiny Select Committee at its meeting on 28 March 2024 requested that the following activities be reviewed by the Environment and Sustainability Committee;

1)    A review to consider if there was sufficient evidence to implement an additional HMO licensing scheme in the borough to include non-licenable HMOs

2)    Introduction of new HMO licensing conditions on the following themes which would apply to existing and additionally licensed HMO’s

a)   Bins and waste management
b)   Garden Maintenance
c)   ASB and nuisance behaviour

3)     To review HMO licensing fees

Officers advised the Committee that after careful consideration they had concluded the following:

·         The evidence gathered, on analysis, did not meet the three evidential
tests required for implementation of an additional licensing scheme as set out in the Housing Act 2004

·         Existing powers and processes were available to tackle ASB, nuisance behaviour, waste management and garden maintenance issues.   The use of the existing powers would deliver more targeted, effective and efficient results.

The Housing Act 2004 sections 56 and 57 contained three evidential tests that must be reviewed before any designation could be made;

Test one – The authority must consider that a significant proportion of the HMOs of that description in the area were managed sufficiently ineffectively as to give rise, or to be likely to give rise, to one or more particular problems either for those occupying the HMOs or for members of the public.  (Section 56 (2)).

Test two – The authority must not make a particular designation under section 56 unless they had considered whether there were any other courses of action available to them (of whatever nature) that might provide an effective method of dealing with the problem or problems in question, (section 57(4)(a)).

Test three – The authority must not make a particular designation under section 56 unless they considered that making the designation would significantly assist them to deal with the problem or problems (whether or not they take any other course of action as well) (section 57(4)(b))

The Committee was advised that having analysed the data with respect to introducing an additional HMO licensing scheme.  Officers had not found the evidence to support the introduction of a scheme.

The Committee was in support of this approach with an additional recommendation for HMOs to be kept under review and an update brought back to this Committee again in 12 months.

Resolved that:

The Committee does not progress the introduction of an additional HMO licensing scheme to include non-licensable HMOs where there are two or more separate households, because none of the three evidential tests prescribed in the Housing Act 2004 are met; and

The Committee does not approve the introduction of new HMO licensing conditions because existing powers and processes are available to tackle ASB, nuisance behaviour, waste management and garden maintenance issues. The use of existing powers will deliver a more targeted, effective and efficient results.

The Committee notes that the approach to evidencing nuisance arising from HMOs in the borough, and the strategic approach to dealing with cases of nuisance associated with HMOs, will be kept under review by the Head of Environmental Services and following consultation with key councillors of Egham Town, Englefield Green East and Englefield Green West wards, those most affected by HMOs an update will be brought to Committee again in 12 months.