Waltham Forest, Designation of an Area for Additional Licensing

LONDON BOROUGH OF WALTHAM FOREST

DESIGNATION OF AN AREA FOR ADDITIONAL LICENSING

Section 56, Housing Act 2004

The London Borough of Waltham Forest (“the Authority”) in exercise of its 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 red on Map 1. The designation has been made under the general approval granted under Section 58 of the Act and was approved by cabinet decision taken on 9th July 2024. 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 who share one or more basic amenities or one or more basic amenity is lacking and/or 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 may be cited as the London Borough of Waltham Forest (Designation for an Area for Additional Licensing) 2024 and shall come into force on 1st April 2025 and cease to have effect on 31st March 2030 (not more than five years) or earlier if the Authority revokes the scheme under section 84 of the Act.

This designation is made by the London Borough of Waltham Forest, Town Hall, Fellowship Square, Forest Road, London, E17 4JF; telephone number 020 8496 3000 (general enquiries) telephone number 020 8496 4949 (for enquiries in respect of this designation) or by email to propertylicensing@walthamforest.gov.uk. The designation may be inspected at the above following address during office hours: Private Sector Housing and Licensing Team, London Borough of Waltham Forest, Town Hall, Fellowship Square, Forest Road, London, E17 4JF.

Applications for Licenses under this designation may be obtained from the Private Sector Housing and Licensing Team at the above address or www.walthamforest.gov.uk/private-rented-property-licensing.

All landlords, managing agents or tenants within the designated area should obtain advice to ascertain whether their property is affected by this designation by contacting the Council’s Private Sector Housing and Licensing Team.

If you are a landlord, managing agent, or a tenant, requiring information on whether your property is affected by or if you require any further information regarding this designation, or to apply for a licence, further information and assistance is available from the Council’s Private Sector Housing & Licensing Team:

Website: walthamforest.gov.uk/private-rented-property-licensing

Email: propertylicensing@walthamforest.gov.uk

Tel: 020 8496 4949

Consequences of failing to licence a property that is required to be licensed

Upon the designation coming into force on 1 April 2020 a person commits an offence if they are a person having control of or managing an 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, the Court may impose an unlimited fine. The Authority may as an alternative to initiating a prosecution pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £30,000. Where a person has been convicted and a penalty may also be made by the Authority that the Court rent a Rent Repayment Order for a period of up to 12 months’ rent, Housing Benefit or Universal Credit, (the tenant may also make an Interim Management Order whereby the Authority would take management control of the unlicensed HMO. The Authority will also add any relevant offence to the Greater London Authority Rogue Landlord and Agent register unless it considers that there are valid reasons for not so adding, which will be considered on a case-by-case basis.

Signed

Cllr Ahsan Khan

Deputy Leader and Cabinet Member for Housing and Regeneration

London Borough of Waltham Forest