London Borough of Waltham Forest, Selective Licensing Designation

LONDON BOROUGH OF WALTHAM FOREST

DESIGNATION OF AN AREA FOR SELECTIVE LICENSING

Section 80, Housing Act 2004

The London Borough of Waltham Forest in exercise of its powers under section 80 of the Housing Act 2004 (“the Act”) hereby designates for selective licensing the area described in paragraph 4. The designation has been made under the general approval granted under Section 80 of the Act and was approved by Cabinet decision taken on the 9th July 2024.

The designation falls within a description of designations for which confirmation is required by Secretary of State under the General Approval issued on 1 April 2015. The Secretary of State has confirmed that the designation shall come into force 1st May 2025.

CITATION, COMMENCEMENT AND DURATION

1. This designation may be cited as the London Borough of Waltham Forest Designation for an Area for Selective Licensing 2025.

2. The Designation is made on 9th July 2024 and shall come into force on 1st May 2025.

3. It shall cease to have effect on 30th April 2030 (not more than 5 years) or earlier if the Council revokes the scheme under section 84 of the Act.

AREA TO WHICH THE DESIGNATION APPLIES

• This designation shall apply to 20 out of 22 wards in the London Borough of Waltham Forest (excluding Hatch Lane/Highams Park North and Endlebury) as delineated and edged red on Map 1.

APPLICATION OF THE DESIGNATION

• This designation applies to any house¹ which is let or occupied under a tenancy or licence within the area described in paragraph 4 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 Act²;

  ¹ For the definition of "house" see sections 79 and 99 of the Act

  ² 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)

  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 London Borough of Waltham Forest Additional HMO Licensing Scheme made under Section 56 of the Housing Act 2004³;

  c. the tenancy or licence of the house has been granted by a registered social landlord4;

  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 as determined in annex A.

  EFFECT OF THE DESIGNATION

• 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 Act.5

• The London Borough of Waltham Forest 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.6

This designation is made by the London Borough of Waltham Forest, Town Hall, Fellowship Square, Forest Road, E17 4JF; telephone number 020 8496 3000 (general enquiries).

The designation may be inspected at the following address during office hours. Anyone wishing to inspect the designation should call 020 8496 4949 to arrange to do so:

Private Sector Housing and Licensing Team,

London Borough of Waltham Forest,

Town Hall, Fellowship Square, Forest Road, London E17 4JF

³ 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.

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

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

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

All landlords, managing agents or tenants within the designated areas should obtain advice to ascertain whether their property is affected by contacting the Council’s Private Sector Housing and Licensing Team by telephone 020 8496 4949 or by email to propertylicensing@walthamforest.gov.uk

If you are a landlord, managing agent, or a tenant, requiring and further information regarding this designation, or to apply for a licence, further information and assistance is available from the Council’s Private Sector Housing & Licensing Team:

Website: www.walthamforest.gov.uk/content/private-rented-property-licensing

Email: propertylicensing@walthamforest.gov.uk

Tel: 020 8496 4949

WARNING

Upon the designation coming into force on 1 May 2025, 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 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 months’ 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. The Authority will also add any relevant offences to the Greater London Authority Rogue Landlord and Agent register unless it considers that there are valid reasons for not doing so, which will be considered on a case-by-case basis.

Signed

Portfolio holder and elected Cabinet Member

For and on behalf of London Borough of Waltham Forest

15 November 2024

Selective Licensing – Designation Boundary Map 1.

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