River Road - Houses in Multiple Occupation

ARUN DISTRICT COUNCIL

Notice of Designation of areas for an
Additional HMO Licensing Scheme

Citation, commencement and duration

1. Arun District Council (“The Council”) in exercise of its powers under section 56(1) of the Housing Act 2004 (“the Act”) hereby designates for additional licensing of Houses in Multiple Occupation (“HMOs”) the following areas of the Arun District: River Ward in Littlehampton and Hotham Ward and Marine Ward in Bognor Regis, all HMOs in paragraph 4 below that are not subject to mandatory licensing under section 55(2) of the Act. This may be cited as the Arun District Council Designation for Additional Licensing of Houses in Multiple Occupation 2024 (“the Designation”).

2. This Designation is made on 1st November 2024 and falls within a description of designations for which the Secretary of State has issued a general approval under Section 58 of the Act, namely the Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015 and does not need to be confirmed by the Secretary of State.

3. This Designation shall come into force on 1st February 2025 and cease to have effect on 31st January 2030, or earlier if the Council revokes the scheme under section 60 of the Act.

Application and effect of the Designation

4. The Designation applies to all HMOs as defined by section 254(2),(3) and (4) of the Act that are occupied by three or more persons comprising two or more households, and section 257 HMOs, including the common parts of buildings where two or more flats share a communal hallway (whether the individual flats are independently licensable or not), unless they fall within the exemptions of Schedule 14 of the Act.

5. The Council will comply with the notification requirements contained in section 59 of the Act and shall maintain a register of houses registered under this Designation, as required under section 232 of the Act.

6. All landlords, managing agents or tenants within the designated area should obtain advice to ascertain whether their property is affected by the Designation by checking the Council’s website and HMO pages or contacting the Council’s Private Sector Housing HMO Team.

7. The Designation may be inspected at the Council’s address during opening hours or on the Council’s website. General advice is also available on the Council’s website or by writing to the Council’s Private Sector Housing and Public Health team (charges may apply). Applications for licences should be made via the Council’s website.

Address: Private Sector Housing and Public Health, Arun District Council, Arun Civic Centre, Maltravers Road, Littlehampton, West Sussex BN17 5LF
Telephone: 01903 737755
e-mail: HMOLicensing@arun.gov.uk
website: www.arun.gov.uk/hmo

8. Upon the Designation coming into force on 1 February 2025 a 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 on summary conviction to an unlimited fine. As an alternative to initiating a prosecution, the Council may pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £30,000 and/or taking management control of an unlicensed HMO. In addition, where an offence has been committed, the Council and/or tenant may also make an application under Section 73 and 74 of the Act for a Rent Repayment Order to pay back rent up to 12 months, Housing Benefit or Universal Credit. Furthermore, it will not be possible to serve an eviction notice under Section 21 of the Housing Act 1988 on tenants of an unlicensed licensable property. The Council may also issue the licence for less than the maximum period allowed.

Signed:

Nat Slade
Group Head, Technical Services
For and on behalf of Arun District Council
Dated: 1st November 2024