Medway, Public Notices

Medway Council

Public notices

NOTICE OF DESIGNATION OF AN AREA FOR SELECTIVE LICENSING

NOTICE IS HEREBY GIVEN in accordance with Section 83 Housing Act 2004 (Notification Requirements Relating to Designation) Medway Council in exercise of its powers under section 80 of the Housing Act 2004 (“the Act”) hereby designates for Selective Licensing the areas described in paragraph 4.

CITATION, COMMENCEMENT AND DURATION

1. This Designation shall be known as the Medway Council Designation for Areas for Selective Licensing 2026. All privately rented residential accommodation situated within the designated areas must be licensed with the Council unless subject to statutory exemption as set out in paragraph 5.

2. This Designation has been made on 4 August 2026. This designation does not require confirmation by the Secretary of State. This designation was given general approval by the Cabinet of Medway Council. This designation falls within a description of designations in relation to which the Secretary of State has given a general approval under section 82 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. This Designation shall come into force on 27 October 2026 (not less than 3 months after decision date).

3. This Designation shall cease to have effect on 26 October 2031 (not more than 5 years) or earlier if the Council revokes the scheme under section 84 of the Act.

AREAS TO WHICH THE DESIGNATION APPLIES

4. This Designation shall apply to the following areas of Medway Council. The Designation is delineated and coloured in grey hatching on the map in Annex A.

Designation:

• Chatham Central & Brompton

• Fort Pitt

• Gillingham North

• Gillingham South

• Luton

• Strood North & Frindsbury

• Watling

APPLICATION OF THE DESIGNATION

5. This designation applies to any house, as defined by sections 79 and 99 of the Housing Act 2004, which is situated within the area described in paragraph 4 and shown on the map at Annex A, and which is occupied either under a single tenancy or licence that is not an exempt tenancy or licence, or under two or more tenancies or licences in respect of different dwellings contained in it, none of which is an exempt tenancy or licence, unless:

(a) the house is a house in multiple occupation (HMO) that falls within the nationally prescribed category of HMO that is required to be licensed as a ‘mandatory HMO’ under section 55(2)(a) Part 2 of the Act1;

(b) the house is a house in multiple occupation that falls within the prescribed category of HMO that is required to be licensed under the Medway Council Designation of an Area for Additional Licensing of Houses in Multiple Occupation 2021 made on 4 August 2026 under Section 56 of the Housing Act 20042;

(c) the tenancy or licence of the house has been granted by a registered social landlord3;

(d) the house is subject to an Interim or Final Management Order under Part 4 of the Act;

(e) the house is subject to a temporary exemption under section 86 of the Act; or

(f ) the house is occupied under a tenancy or licence which is exempt under the Act or the occupation is of a building or part of a building so exempt as defined in Paragraph 5(f ):

Exempted tenancies or licences, Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/2006.

EFFECT OF THE DESIGNATION

6. Subject to sub paragraphs 5(a) to (f ) every house in the area specified in paragraph 4 that is occupied under a tenancy or licence shall be required to be licensed under section 85 of the Act4.

7. Medway Council 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 Act5.

--------------------------

1 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 2005 (SI 2006/371)

2 Additional Licensing covers HMOs that are not within the scope of Mandatory HMO Licensing where tenants share one or more ‘basic amenities’ i.e. a WC, personal washing facilities or cooking facilities. We are not licensing ‘Section 257’ HMO buildings under the additional licensing scheme – individual rented flats within such a building would need a selective licence assuming they are occupied by a single household. If an individual flat was itself multiply occupied, it would need an additional or mandatory HMO licence depending on the number of persons accommodated.

3 Section 79 (3) of the Act. For the definition of a Registered Social Landlord see Part 1 of the Housing Act 1996

4 Section 232 of the Act and paragraph 11 of SI 373/2006

5 See the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/2006

Page 3 of 4

--------------------------

8. 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 affectedby the designations. They may also apply for a licence from 27th October 2026 via theCouncil’s website at https://www.medway.gov.uk/info/200153/private_housing by telephoning 01634333333 during normal office hours (9am to 5pm, Monday toFriday), or by emailing PRSlicensing@medway.gov.uk. This designation has beenmade by Medway Council, Gun Wharf Dock Road, Chatham, ME4 4TR.

9. If you wish to inspect this designation in respect of selective licensing of properties inthe area of Medway Council it may be inspected at the Council’s offices at MedwayCouncil, Gun Wharf Dock Road, Chatham, ME4 4TR.

10. Upon the Designation coming into force any person having control of or who manages a licensable property without a licence, or who 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 a fine pursuant to the provisions of section 95 of the Act.

A person who breaches a condition of a licence isliable to prosecution and upon summary conviction liable to a fine.

11. The Council, as an alternative to initiating a prosecution, may pursue one or more ofa range of other enforcement actions including the imposition of a financial penalty ofup to £40,000 and/or taking management control of the unlicensed property.

12. Further, where an offence has been committed an application may also be made by the Council and/or tenant under the provisions of section 41 of the Housing and Planning Act 2016 for a Rent Repayment Order to pay back up to 12 months’ rent ,Housing Benefit or Universal Credit.

Signed

Bhupinder Gill

Assistant Director Legal and Governance for and on behalf of Medway Council

11 August 2026

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 coloured in red hatching on the map 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 4 August 2026 and comes into force on 27 October 2026. The designation ceases on 26 October 2031 unless revoked earlier.

EFFECT OF THE DESIGNATION

8. From 27 October 2026, 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 27 October 2026 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.

Signed

Bhupinder Gill

Assistant Director Legal and Governance

For and on behalf of Medway Council

11 August 2026