Medway, Public Notices

Medway Council

Public notices

HOUSING ACT 2004 – SECTION 59

DESIGNATION FOR ADDITIONAL LICENSING OF HOUSES IN MULTIPLE OCCUPATION (HMOS)

1. This notice is published in accordance with Sections 56 to 60 of the Housing Act 2004 and Regulation 9 of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006.

2. Notice is hereby given that Medway Council (“the Council”), in exercise of its powers under section 56 of the Housing Act 2004, has designated the area described below as subject to additional licensing for Houses in Multiple Occupation (HMOs).

3. The designation may be cited as the Medway Council Designation for an Area for Additional Licensing of Houses in Multiple Occupation 2026.

Area covered

4. The designation shall apply to the following areas of Medway Council. The Designation is delineated and outlined in red on the maps in Annex A.

Designation:

• Chatham Central & Brompton

• Fort Pitt

• Gillingham North

• Gillingham South

• Luton

• Watling

HMOs affected within the area described in paragraph 4

5. The designation applies to HMOs as defined by section 254 of the Act which are occupied by three or more persons forming two or more households.

6. The designation does not apply to:

(i) HMOs subject to mandatory licensing under section 55(2)(a);

(ii) buildings of a description specified in Schedule 14 to the Act (buildings which are not HMOs for the purposes of the Act other than Part 1);

(iii) HMOs subject to Interim or Final Management orders;

(iv) HMOs subject to a temporary exemption notice under section 62 of the Act; or (v) HMOs falling within section 257 of the Act.

Date of Designation

7. Made on 22 September 2026 and comes into force on 4 January 2027. The designation ceases on 3 January 2032 unless revoked earlier.

Effect of the designation

8. From 4 January 2027, any person having control of or managing an HMO to which this designation applies must ensure that the property is licensed under section 61 of Part 2 of the Act unless a valid application has been duly made. Failure to licence a property that is required to be licensed is an offence under section 72 of the Act.

9. A person committing such an offence may be liable on summary conviction to an unlimited fine or may be subject to a civil penalty imposed by the Council as an alternative to prosecution. The level of any civil penalty will be determined by the Council in accordance with the statutory provisions and guidance in force at the time of the offence. In addition, a person may be subject to a rent repayment order requiring repayment of up to 2 years’ rent and may be restricted from holding a licence or from managing rented property, where permitted by law.

10. Any licence granted under the previous additional licensing designation in respect of an HMO within the designated area shall continue in force until its expiry date, unless it is revoked or varied in accordance with the provisions of the Act.

Applications and further information

11. Any landlord, managing agent, other person in control of a privately rented property, or any tenant within the Borough may seek advice on whether their property is affected by the designation via the Council’s website at https://www.medway.gov.uk/info/200153/private_housing, by telephoning 0163433333 during normal office hours (9am to 5pm, Monday to Friday), or by emailing PRSlicensing@medway.gov.uk.

12. Applications for licences may be made from 4 January 2027 via the Council’s website at https://www.medway.gov.uk/info/200153/private_housing.

13. This designation has been made by Medway Council, Gun Wharf, Dock Road, Chatham, ME4 4TR.

14. Medway Council will comply with the notification requirements contained in section 59 of the Act and shall maintain a register of all licenced HMOs registered under this designation, as required under section 232 of the Act.

15. A copy of the designation may be inspected on the Council’s website at https://www.medway.gov.uk/info/200153/private_housing or at the Council’s offices at Medway Council, Gun Wharf Dock Road, Chatham, ME4 4TR.

General approval

16. This designation falls within a class of designations for which the Secretary of State has given general approval under section 58 of the Housing Act 2004 (“the Act”),: namely the Housing Act 2004 Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2024 which came into force on the 23 December 2024.

Adam Bryan

Director of Place

Thursday 1 October 2026

Annex A - Additional Licensing Designation

www.medway.gov.uk