2. Licence conditions
Selective Licensing Conditions
In these conditions, the term “house” refers to the building or part of a building, which is licensed under Part 3 of the Housing Act 2004.
Housing Act 2004 Mandatory Conditions
Section 90 of the Housing Act 2004 imposes certain mandatory conditions which the Council has no discretion to vary and it gives the Council the power to include such conditions it considers appropriate for regulating the management, use or occupation of the house concerned.
The following five conditions are mandatory conditions imposed by the Act and the Council has no discretion to vary these conditions.
- A gas safety certificate must be obtained annually and produced to the Council (if there is a gas supply to the house);
- Electrical appliances and furniture supplied by the landlord must be kept in a safe condition;
- Smoke alarms must be installed in the house which should be maintained in good working order;
- The Licence Holder must supply the occupiers of the house with a written statement on the terms of occupation;
- The Licence Holder must demand references from persons who wish to occupy the house.
In addition to the mandatory conditions outlined above, the Council may attach local conditions. The Council has discretion to vary these conditions with every licence issued; conditions can be added or removed subject to individual circumstances and on appeal. In Oldham, the following local conditions will also apply:-
- The House is free from category 1 hazards (this means the house is legally safe to occupy);
- Any house legally required to have an Energy Performance Certificate (EPC) must have one;
- An appropriate electrical test certificate for the fixed wiring in the house must be provided at least once every five years and an annual portable appliance test be carried out on any portable appliances supplied by the landlord;
- Where there’s a gas supply, a suitable carbon monoxide detector must be provided, maintained in good working order and tenants aware of its operation;
- Occupiers are reminded of their responsibilities for the storage and disposal of household waste; Landlords must ensure the correct bins are at the property at the start of the tenancy and carry out regular checks to ensure refuse is being disposed of correctly;
- Landlords must keep the property free of pests and carry out any pest proofing and treatment needed;
- The Licence Holder does not knowingly allow the house to be overcrowded;
- At the change of tenancy the house and any land associated with it is in a clean and tidy condition with reasonable levels of decoration;
- The property is kept secure and free from accumulations of refuse during vacant periods;
- A copy of the licence including the conditions attached, is provided to all tenants;
- All tenants are provided with contact details including emergency telephone number of the License Holder and if applicable the manager;
- The Licence Holder and any appointed manager provide up to date contact details (including telephone number) to the Council, so that problems can be swiftly addressed;
- The Licence Holder takes all possible actions to resolve anti-social behaviour and remove occupiers where there is evidence of criminal activity or serious anti-social behavior.
These conditions will be monitored by the Council during the licence period to ensure they are being complied with. Circumstances behind any breach of the licence conditions will be investigated, and any Licence Holder found to be in breach of the licence conditions can face, upon conviction in a Magistrates court, a fine of up to £5,000. In such circumstances, the Council will then consider whether it is appropriate to revoke the licence and make a Management Order to take over management of the property.