Redbridge, Designation Of An Area For Selective Licensing

PUBLIC NOTICE

London Borough of Redbridge Designation of an Area for Selective Licensing

The London Borough of Redbridge, in exercise of its powers under section 80 of the Housing Act 2004 (The Act"), hereby designates the area of its district as set out in Appendix A as subject to Selective Licensing as described more fully in herein.

CITATION, COMMENCEMENT AND DURATION

1. This designation may be cited the London Borough of Redbridge Designation of an Area for Selective Licensing (Scheme 4) 2024.

2. The licensing scheme will be known as The London Borough of Redbridge Selective Licensing (Scheme 4) 2024 The Scheme".

3. Under section 82 of the Housing Act 2004, the designation of this scheme is required to be confirmed by the Secretary of State for Levelling Up, Communities and Housing. Applications were made on the 4 August 2023 and their confirmation was given on the 20 December 2023.

4. This designation will come into force on 8 April 2024 and unless revoked beforehand or extended will cease to have effect on 7 April 2029.

AREA TO WHICH THE DESIGNATION APPLIES

5. This designation shall apply to the 15 wards of Aldborough, Barkingside, Chadwell, Churchfields, Clementswood, Cranbrook, Fairlop, Goodmayes, Hainault, Loxford, Mayfield, Newbury, Seven Kings, South Woodford, Wanstead Village, which are specified areas of the London Borough of Redbridge as delineated and edged red (dark) on the map at Appendix A.

APPLICATION OF THE DESIGNATION

6. The Designation applies any house1 which is let or occupied under a tenancy or licence, or where there are two or more tenancies or licences in respect of different dwellings, within the area described in paragraph 5 unless-

6.1. The house is a House in Multiple Occupation (HMO) and is required to be licensed under Part 2 of the Act1;

6.2. The tenancy or licence has been granted by a non-profit registered provider of social housing,

6.3. The tenancy or licence has been granted by a profit-making registered provider of social housing in respect of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), or

6.4. The tenancy or licence of the house has been granted by a registered social landlord'.

6.5. The house is subject to an Interim or Final Management Order or an Interim and Final Empty Dwelling Management Orders under Part 4 of the Act;

6.6. The house is subject to a temporary exemption under section 86 of the Act; or

6.7. The house is occupied under a tenancy or licence which is exempt under section 794 of the Act or the occupation is of a building or part of a building otherwise exempt (see Appendix B).

EFFECT OF THE DESIGNATION

7. Subject to paragraph 6, every house in the area specified in paragraph 5 that is occupied under a tenancy or licence shall be required to be licensed under section 85 of the Act

8. The London Borough of Redbridge will comply with the notification requirements contained in section 83 of the Act and shall maintain a register of all houses registered under this designation, as required under section 232 of the Act

9. WARNING: Upon the designation coming into force any person who operates a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by a licence, is liable to prosecution and upon summary conviction is liable to an unlimited fine. A person who breaches a condition of a licence is liable upon summary conviction to 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

WARNING:

imposition of a financial penalty of up to £30,000. When an offence has been committed an application may also be made by the Authority and/or tenant for a Rent Repayment Order to pay back up to 12 month's rent, Housing Benefit or Universal Credit. The Authority may also make an Interim Management Order whereby the Authority would take management control of the unlicensed property.

10. Any landlord, managing agent or other person managing or any tenant within the designated area should seek advice as to whether their property is affected by the designation during normal office hours, which are: 9am to 5pm, Monday to Friday, using the contact details set out below.

11. A copy of this designation may be inspected at London Borough of Redbridge, Lynton House, 255-259 High Road, Ilford IG1 1NY

12. Online Applications for the licensing scheme will open from 4 March 2024. To obtain further information please visit www.redbridge.gov.uk/privaterentals or call 020 8554 5000 or email: prslicensing@redbridge.gov.uk

APPENDIX B

Exempted Tendencies or licences4

Prohibition if occupation by law

1. A tenancy or licence of a house or a dwelling within a house where the house or the dwelling is subject to a prohibition order made under section 20 of the Act the operation of which has not been suspended under section 23.

Certain tenancies which cannot be assured tenancies

2. A tenancy which cannot be an assured tenancy by virtue of section 1(2) of the Housing Act 1988 comprised in Part of Schedule 1 of the Act and which is:

a. a business tenancy under Part II of the Landlord and Tenant Act 1954

b. a tenancy under which the dwelling-house consists of or comprises premises, which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of Section 14 of that Act) for consumption on the premises

c. a tenancy under which agricultural land, exceeding two acres, is let together with the house

d. a tenancy under which the house is comprised in an agricultural holding or the holding is comprised under a farm business tenancy if it is occupied (whether as tenant or as a servant or agent of the tenant), in the case of an agricultural holding, by the person responsible for the control of the farming of the holding, and in the case of a farm business tenancy, by the person responsible for the control of the management of the holding

Tenancies and licences granted etc by public bodies

3. A tenancy or licence of a house or dwelling within a house that is managed or controlled by:

a. a local housing authority

b. a police authority established under section 3 of the Police Act 1996 or the Metropolitan Police Authority established under section 5B of that Act

c. a fire and rescue authority under the Fire and Rescue Services Act 2004;

d. a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990

Tenancies, licences etc regulated by other enactments

4. A tenancy, licence or occupation of a house which is regulated under the following enactments:

a. sections 87 to 87D of the Children Act 1989

b. section 43(4) of the Prison Act 1952

c. section 34 of the Nationality, Immigration and Asylum Act 2002

d. The Secure Training Centre Rules 1998

e. The Prison Rules 1998

Signed by: Operational Director of Ciric Pride

Date: 21 December 2023

f. The Young Offender Institute Rules 2000

g. The Detention Centre Rules 2001

h. The Criminal Justice and Court Service Act 200 (Approved Premises) Regulations 2001

i. The Care Homes Regulations 2001

j. The Children's Homes Regulations 2001 k. The Residential Family Centres Regulations 2002 Certain student letting* etc

5. A tenancy or licence of a house or a dwelling within a house -

a. which is managed or controlled by a specified educational establishment or is of a specified description of such establishments; and

b. the occupiers of the house or dwelling are undertaking a full time course of further or higher education at the specified establishment and

c. the house or dwelling is being managed in conformity with an Approved Code of Practice for the management of excepted accommodation under section 233 of the Act Long leaseholders

Long leaseholders

6. A tenancy of a house or a dwelling within a house provided that -

a. the full term of the tenancy is for more than 21 years and

b. the tenancy does not contain a provision enabling the landlord (or his successor his in title) to determine it other than by forfeiture, earlier than at the end of the term and

c. the house or dwelling is occupied by a person to whom the tenancy was granted or his successor in tide or by any members of either of those person's family

Certain family arrangements

7. A tenancy or licence of a house or a dwelling within a house where -

a. the person who has granted the tenancy or licence to occupy is a member of the family of the person who has been granted the tenancy or licence and

b. the person who has granted the tenancy or licence to occupy is the freeholder or long leaseholder of the house or dwelling and

c. the person occupies the house or dwelling as his only or main residence (and if there are two or more persons at least one of them so occupies) Holiday lots

8. A tenancy or licence of a house or a dwelling within a house that has been granted to the person for the purpose of a holiday.

Certain lettings etc by Resident Landlord etc.

9. A tenancy or licence of a house or a dwelling within a house under the terms of which the person granted the tenancy or licence shares the use of any amenity with the person granting that tenancy or licence or members of that person's family. An "amenity" includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase, corridor or other means of access.

10. In this appendix:

a. "person" includes" persons", where the context is appropriate

APPENDIX A - The London Borough of Redbridge Selective Licensing Scheme (Scheme 4) 2024

b. "tenancy" or "licence" includes "a joint tenancy" or "joint licence", where the context is appropriate

c. "long leaseholder" in paragraph 7 (ii) has the meaning conferred in paragraphs 6 (i) and (ii) and in those paragraphs the reference to "tenancy" means a "long lease".

d. a person is a member of the family of another person if - (i) he lives with that person as a couple (ii) one of them is the relative of the other; or (iii) one of them is, or is a relative of, one member of a couple and the other is a relative the other member of the couple and (iv) For the purpose of this paragraph -

i. "couple" means two persons who are married to each other or live together as husband and wife or in an equivalent arrangement in the case of persons of the same sex

ii. "relative" means a parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin

iii. a relationship of the half-blood is to be treated as a relationship of the whole blood and

iv. a stepchild of a person is to be treated as his child

' For the definition of "house" see sections 79 and 99 of the Act

' Section 55 of the Act defines which Houses in Multiple Occupation are required to

be licensed under the Act See also The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2018 (S12018/221) 1 Section 79(3) of the Act For the definition of a Registered Social Landlord see Part 1 of the Housing Act 1996

* As per The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006

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