Portsmouth - Designation Of An Area For Additional Licensing

Public Notice - Portsmouth City Council

DESIGNATION OF AN AREA FOR ADDITIONAL LICENSING

Section 56, Housing Act 2004

The Portsmouth City Council (“the Council”) in exercise of powers under section 56 of the Housing Act 2004 (“the Act”) hereby designates for additional licensing the whole of the area in its district, as delineated in black on Map 1. The designation falls within a description of designations for which the Secretary of State has issued a General Approval dated 26 March 2015 and was approved by the Councils Cabinet in a decision taken on the 22 November 2022. The designation applies to all Houses in Multiple Occupation (“HMOs’’) that are privately rented and occupied by three or more persons forming two or more households under one or more tenancies or licences unless it is an HMO that is subject to mandatory licensing under section 55(2)(a) of the Act or is subject to any statutory exemption.

This designation was made on 22nd November 2022 and may be cited as the Portsmouth City Council Designation of an Area for Additional Licensing. The designation shall come into force on 1 September 2023 and shall cease to have effect on 31 August 2028 or earlier if the Council revokes the scheme under section 60 of the Act.

This Designation is made by Portsmouth City Council, Guildhall, Portsmouth, Hampshire PO1 2AL; tel. 023 9284 1659 or by email to HMOLicensing@portsmouthcc.gov.uk. The designation may be inspected by appointment at the following address during office hours: Private Sector Housing, Portsmouth City Council, Guildhall, Portsmouth, Hampshire PO1 2AL.

Applications for licences under the designation can be made at: www.portsmouth.gov.uk/ services/housing/landlords/

If you are a landlord, managing agent or a tenant and wish to enquire whether your property is affected by this designation you are advised to seek advice from the Council’s Private Sector Housing Licensing Team.

If you require further information regarding this designation or to apply for a licence, further assistance and advice is available from the Council’s Private Sector Housing Licensing Team:

Website: www.portsmouth.gov.uk/services/housing/landlords/
Email: HMOLicensing@portsmouthcc.gov.uk
Telephone: 023 9284 1659
By writing to: Private Sector Housing, Portsmouth City Council, Guildhall, Portsmouth, Hampshire PO1 2AL.

Consequences of failing to licence a HMO that is required to be licensed – upon the designation coming into force a person commits an offence if they are a person having control or managing a HMO which is required to be licensed under this Additional Licensing Designation but is not so licensed and will be liable to prosecution. On conviction, a Court may impose an unlimited fine. The Council may, as an alternative to prosecution, impose a financial penalty of up to £30,000. The tenant(s) and/or the Council may also apply to the First-Tier Tribunal (Residential Tribunal) for a rent repayment order. No section 21 notice (Housing Act 1988 (recovery of possession on termination of shorthold tenancy)) may be given in relation to a shorthold tenancy of a part of an unlicensed HMO so long as it remains such an HMO. The Council may also make an Interim Management Order, whereby the Council would take management control of the unlicensed HMO.

Signed

James Hill: Director for Housing Neighbourhoods and Buildings, Portsmouth City Council

Map of Designated Area