North Lincolnshire - Notice of Designation of an Area for Selective Licensing

North Lincolnshire Borough Council

Notice of Designation of an Area for Selective Licensing 2024.

1. NOTICE IS HEREBY GIVEN that on 3rd October 2024 North Lincolnshire Borough Council (“the Council”) acting as local housing authority in exercise of its powers under Sections 80-84 of the Housing Act 2004 (“the Act”) has designated Crosby & Park and Town, (“the Area”) for selective licensing.

2. The designation is made on 3rd October 2024 and will come into force on 20th March 2025.

3. The Designation Area applies to the residential area of Crosby & Park and Town as shown and delineated in red on the plan at Annexe A. The list of streets is shown at Annexe B (which can be viewed at Selective Licensing - North Lincolnshire Council (northlincs.gov.uk))

4. The designation does not require confirmation by the Secretary of State and falls within a general approval issued by the Secretary of State under Section 82 of the Act, namely the Housing Act 20041.

5. The designation shall cease to have effect on 19th March 2030 (not more than 5 years) or earlier if the Council revokes the schemes under section 84 of the Act.

AREAS TO WHICH THE DESIGNATIONS APPLY

6. This designation shall apply to the area of the North Lincolnshire Borough Council as delineated in red on the map in Annexe A shown as Designation Area 1 (pre-May 2022 ward boundaries): CROSBY & PARK AND TOWN.

APPLICATION OF THE DESIGNATIONS

7. The designation requires any house2 which is let or occupied under a tenancy or licence3 within the area to be licensed by the Council unless -

(a) the house is a House in Multiple Occupation (HMO) and is required to be licensed under Part 2 of the Act

(b) the tenancy or licence of the house has been granted by a registered social landlord4;

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

(d) the house is subject to a temporary exemption under Section 86 of the Act;

(e) 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 The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/20065 as shown at Annexe C (which can be viewed at Selective Licensing - North Lincolnshire Council (northlincs.gov.uk)).

8. Subject to sub paragraphs 7 (a) to (e) every house in the area specified in paragraph 6 above that is occupied under a tenancy or licence shall be required to be licensed under section 85 of the Act.

9. Any private landlord, person managing or tenant within the Area is advised to seek advice from the Council on whether their property is affected by the designation.

10. Private landlords and persons managing houses6 in the Area are required to obtain a licence by the 20th March 2025 unless a notification in relation to a temporary exemption or an application for a licence is effective.

11. North Lincolnshire Borough Council will comply with the notification requirements contained in section 83 of the Act and shall maintain a register of all houses registered under these designations, as required under section 232 of “the Act”.

12. The Designation and its accompanying plan may be inspected during normal office hours at Church Square House. Applications for Licenses and requests for general advice should be made to the North Lincolnshire Borough Council at the below address: Environmental Health and Housing Team by telephone on 01724 297000 or by email to housing@northlincs.gov.uk or by writing to: Environmental Health and Housing Environment and Public Protection North Lincolnshire Council Church Square House, Scunthorpe. DN15 6XQ

13. Any person who without reasonable excuse, has control of or manages a house7 in the Area which is required to be licensed but which is not will be guilty of an offence and liable to prosecution, and upon conviction would be liable to a fine. The Council may, as an alternative to prosecution, impose a civil penalty not exceeding £30,000 for these offences8. In addition, an application may be made by the council and/or tenant for a Rent Repayment Order requiring repayment of up to 12 months’ rent or housing benefit. Further, no Notice under Section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) may be given in relation to the whole of or part of the unlicensed house.

Dated: 3rd October 2024

BY ORDER OF THE COUNCIL

Head of Legal and Information Governance
For and on behalf of North Lincolnshire Council

1 https://www.gov.uk/government/publications/selective-licensing-in-the-private-rented-sector-aguide- for-local-authorities/the-housing-act-2004-licensing-of-houses-in-multiple-occupation-andselective- licensing-of-other-residential-accommodation-england-general-approval

2 For the definition of “house” see sections 79 and 99 of the Act

3 https://www.legislation.gov.uk/ukpga/2004/34/section/79: S.79 (2) (b) if the whole of it is occupied under a single tenancy or licence that is not an exempt tenancy of license under subsection (3) or (4), OR under two or more tenancies or licences in respect of different dwellings contained in it, within the area none of which is an exempt tenancy or license under subsection (3) or (4) of the Act.

4 Housing Act 2004 (legislation.gov.uk) S.79 (3) (a)it is granted by a non-profit registered provider of social housing, (b)it is 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 (c)it is granted by a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52).

5 https://www.legislation.gov.uk/uksi/2006/370/made

6 For the definition of “person managing” and “person having control” see section 263 of the Act

7 For the definition of “person managing” and “person having control” see section 263 of the Act

8 https://www.gov.uk/government/publications/civil-penalties-under-the-housing-and-planning-act-2016

Annexe A
Area 1: