Bristol City Council’s Cabinet has now approved the two new schemes which were subject to a consultation last year.
The two new schemes will come into force on Tuesday 6 August 2024. These are a citywide additional House in Multiple Occupation (HMO) licensing scheme.
And a new selective licensing scheme (which covers most other types of privately rented properties) in three wards – Bishopston and Ashley Down, Cotham and Easton.
This means that all HMOs within the Bristol City Council boundary, and most other types of privately rented properties in Bishopston and Ashley Down, Cotham and Easton wards, will need a licence from Tuesday 6 August 2024.
The schemes will be in operation for five years and each property will be inspected at least once during the lifetime of the scheme to ensure that they meet licensing standards.
Landlords and agents will have up to three months from the start date to submit their licensing applications (until 5 November 2024) together with the part 1 fee. We will not consider enforcement for an unlicensed property until that period ends.
An HMO is a rented property where three or more persons who are not related, occupy the accommodation and share some facilities such as a bathroom and/or kitchen.
HMOs that are already licensed under existing additional licensing schemes whose licence will expire while the new scheme is in force, will need to be re-licensed when the current licence expires.
HMOs which are occupied by five or more persons will still be required to be licensed under the mandatory HMO licensing scheme and not under the citywide additional scheme.
It is a legal requirement for landlords to make a licence application for each property that they let that is covered by licensing schemes. Failure to do so could result in formal enforcement action as set out below.
Under the Housing Act 2004, a person commits an offence if they control or manage a house/HMO which is required to be licensed but is not. This could result in prosecution and an unlimited fine.
Other consequences of operating an unlicensed property are; rent repayment orders, not being able to end a tenancy while the property is unlicensed, or the local authority taking over the management of your property.
Under the Housing and Planning Act 2016 local authorities are permitted to impose a civil penalty of up to £30,000 as an alternative to prosecution for a range of offences under the Housing Act 2004. This includes the offences outlined above in relation to the licensing of houses.
Further details on how to make a licence application will be sent just before the scheme goes live, and the system will not accept an application before that date.
For more information on property licensing please visit our licensing web pages
City Council of Bristol (The council) Housing Act 2004 (“The Act”) Parts 2 and 3
Notice of Designation of a Citywide Additional Licensing & Notice of Designation of Bishopston and Ashley Down, Cotham and Easton wards for Selective Licensing
On 6th February 2024 the Council, being the Local Housing Authority, of PO Box 3399, Bristol, BS1 9NE made decisions affecting areas of Bristol, with the result that -
The whole of the City and County of Bristol is designated as subject to Additional Licensing under Part 2, 56(1)(a) of the Act in relation to Houses in Multiple Occupation (as defined by section 77 of the Act) situated in the Area of their district unless the HMO is required to be licensed under section 55(2)(a) of the Act (mandatory licensing of HMOs) or section 55(2)(b) of the Act (other additional licensing schemes already in force).
Converted blocks of flats to which section 257 of the Act applies or any property to which section 233 of the Act applies are excluded from this designation. Properties approved under section 233 include larger developments of student accommodation not managed and controlled by educational establishments such as universities (The Additional Licensing Designation).
Bishopston and Ashley Down, Cotham and Easton wards are designated as subject to Selective Licensing under Part 3, s.80(1)(b) of the Act. (The Selective Licensing Designation).
The Selective Licensing Designation applies to any house which is let or occupied under a tenancy or licence within the area described unless the house is a house in multiple occupation and is required to be licensed under Part 2 of the Act.
Neither the Additional Licensing Designation nor The Selective Licensing Designation (The Designations) needs the confirmation of The Secretary of State, as both fall within a description of designations for which a general approval has been given under The Housing Act 2004, sections 58 and 82: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015 (The 2015 approval).
Both Designations come into force on 6th August 2024 and shall cease to have effect on 5th August.
The Council will comply with the notification requirements contained in sections 59 and 83 of the Act and shall maintain a register of all properties registered under this designation, as required under section 232 of the Act.
The Notice of Designations may be inspected at 100 Temple Street, BRISTOL BS1 6AG, between the hours of 10:00 and 16:00 Monday to
Information and advice may also be obtained by telephoning 0117 352 5010 or emailing private.housing@bristol.gov.uk or in writing to private Housing (100TS), PO BOX 3399, BRISTOL BS1 9NE. Online application forms and information is also available on the Council’s website
Any landlord, person managing or tenant within the designated areas is advised to seek advice from the council about whether their property is affected by either of the Designations described in paragraphs 1 and 2 above.
WARNING: FAILING TO LICENSE A PROPERTY THAT IS REQUIRED TO BE LICENSED IS A CRIMINAL OFFENCE FOR WHICH A PERSON IS LIABLE ON SUMMARY CONVICTION TO AN UNLIMITED FINE OR A CIVIL PENALTY OF UP TO £30,000.
THAT PERSON MAY ALSO BE REQUIRED TO PAY BACK UP TO TWELVE MONTHS RENT FOR THE PERIOD THE PROPERTY IS UNLICENSED AND TENANTS MAY NOT ALSO BE GIVEN NOTICE USING SECTION 21 OF THE HOUSING ACT 1988 WHILST THAT PROPERTY IS UNLICENSED.
We hope this article was useful, if you have any questions our property management team will be happy to help.
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