Landlord Guidance 2024
Landlord Guidance 2024
Contents
Introduction ....................................................................................................... 3
Further information
For more information or advice please
   • view all the detailed information on our website www.brent.gov.uk/prslicensing
   • or contact the HMO Licensing Team by email on prs.licensing@brent.gov.uk
   • or call 020 8937 2384/5
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Introduction
People in Brent have a right to expect well-managed, decent and safe standard of private rented
accommodation. The private rented sector is an important part of our housing market, with over 46% of
dwellings in Brent. Some homes are occupied by our most vulnerable people, especially those who live
in Houses in Multiple Occupation (HMOs), where the risk of overcrowding and fire is greater than in
other types of accommodation. We want to support good private landlords who provide decent well-
maintained homes and not impose unnecessary regulation; however, it is important that this regulation
is proportionate and targeted. By introducing wider HMO licensing and selective licensing schemes, we
are addressing one of our key priorities in relation to decent housing.
The guidance is primarily for the use of landlords and managing agents and provides information about
Brent Council’s property licensing designation and schemes. The schemes require all landlords to
licence all HMOs in Brent, as well as all those privately rented single-family houses and flats in the
wards 21 of the total 22 electoral wards in Brent. In addition, by following this guide users should be
able to complete a licence application.
As from 1 April 2024 private rented single-family houses and flats in all electoral wards of Brent (except
Wembley Park) will be required to be licensed.
Following the local elections in May 2022, Brent now has 22 wards. All previous ward boundaries have
changed (except for the Kilburn ward). Licences for properties in the old ward boundaries of Dudden
Hill, and in Kensal Green, Kilburn, Mapesbury and Queens Park will continue until their licence expiry
date. Owners and managers will need to submit applications to renew these licences so that licences
are in place upon expiry. We recommend the renewal applications are made 8 weeks before the expiry
to allow for the licence processing and continuation.
About licensing
The Housing Act 2004 introduced licensing of privately rented properties. Key relevant
literature is,
Definition of an HMO
A House in Multiple Occupation (HMO) is a property that is rented out by at least 3 people, comprising
at least two households who share a basic amenity like the bathroom or kitchen.
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Part 2 of the Housing Act 2004 provides for local housing authorities to license HMOs in their areas if
they meet the definition of a HMO prescribed under section 55 of the 2004 Act. The Prescribed
Description Order 2018 prescribes the types of buildings that will be subject to mandatory licensing. It
revokes and replaces the 2006 order, which applied until that date.
From 1 October 2018, mandatory licensing was no longer limited to HMOs that are 3 or more storeys
high, but now includes buildings with 1 or 2 storeys.
They are:
A building meets the standard test if it is a building in which more than one household has living
accommodation (other than self-contained flats) and:
   • at least 2 households share a basic amenity, or
   • the living accommodation is lacking in a basic amenity
(b) HMOs meeting the self-contained flat test that are not purpose-built flats situated in a block
comprising three or more self-contained flats
The self-contained flat test mirrors the standard test except that it applies to flats. For the purposes of
licensing, a flat meets the self-contained flat test if the individual flat is occupied by 5 or more people
forming more than one household and the flat lacks a basic amenity or more than one household shares
a basic amenity (all of which are in the flat) e.g. a bathroom, toilet or cooking facilities. This includes
flats above and below commercial premises, and flats in converted buildings.
(c) HMOs meeting the converted building test under section 254(4) of the Act
A building meets the converted building test if it is a building that has been converted, and in which one
or more of the units of living accommodation is not a self-contained flat. It does not matter whether the
building also contains self-contained flats.
Generally, for HMO licensing to apply, the HMO (or Flat in Multiple Occupation) must be occupied by 3
or more persons, from 2 or more separate households.
Mandatory Licensing is a national requirement and relates to certain types of Houses in multiple
occupation (HMOs). This scheme has been in existence since April 2006. With effect from 1 October
2018, mandatory licensing of HMOs was extended so that smaller properties used as HMOs in England,
which house 5 people or more in 2 or more separate households will, in many cases, require a licence.
Mandatory licensing does not apply to certain converted blocks of flats, which are otherwise known as
section 257 HMOs. In Brent, these are subject to Additional Licensing. However, individual flats within
such converted blocks will require a Mandatory HMO licence if they meet the HMO standard test.
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A purpose-built flat situated in a block comprising three or more self-contained flats is not subject to
mandatory licensing even if that flat is in multiple occupation. In Brent, Additional Licensing covers these
HMOs.
New mandatory conditions to be included in licences have also been introduced, prescribing national
minimum sizes for rooms used as sleeping accommodation and requiring landlords to adhere to council
refuse schemes.
Additional Licensing relates to other HMOs, which fall outside the mandatory licensing description.
The description is similar to the mandatory definition above, but typically properties only having three
or four people. This Brent scheme was first introduced in January 2015 and was renewed, so that the
current scheme came into force on 1st February 2020 and expires on 31 January 2025. The scheme
also covers HMOs in certain purpose built blocks of flats, as well as s257 HMOs.
Selective Licensing applies to all other houses and flats in Brent which are not covered by mandatory
or additional HMO licensing. Selective licensing scheme in Brent was first introduced in January 2015
in the electoral wards of Harlesden, Willesden Green and Wembley Central. The scheme ended in
December 2019.
In February 2018, the Secretary of State for Housing, Communities and Local Government agreed for
the ‘Selective Licensing’ scheme to be extended in Brent, covering all privately rented properties in the
electoral wards of Dudden Hill, Kensal Green, Kilburn, Queens Park and Mapesbury. This extended
scheme came into force on 1st June 2018 and ended on 30th April 2023.
On 17 April 2023, Brent Cabinet agreed to recommendations in relation to the licensing schemes
beyond 30 April 2023 and authorised Designation 1, selective scheme in the wards of Dollis Hill,
Harlesden & Kensal Green, Willesden Green on the grounds of poor housing (property)
conditions and antisocial behaviour (ASB) to come into force with effect from 1 August 2023.
This scheme is currently in force and runs until 31 July 2028.
Designation 2 was approved by Cabinet on 17th July 2023 and confirmed by the Secretary of State,
Department for Levelling Up Housing and Communities, on 30th November 2023. This scheme covers
the 18 wards of Alperton, Barnhill, Brondesbury Park, Cricklewood & Mapesbury, Kenton,
Kilburn, Kingsbury, Northwick Park, Preston, Queens Park, Queensbury, Roundwood,
Stonebridge, Sudbury, Tokyngton, Welsh Harp, Wembley Central, and Wembley Hill came into
force on 1 April 2024 and run until 31 March 2029, unless revoked. The application link for these new
areas was made live in March 2024.
If you are unsure if you need to apply for a selective licence, you can Use our online map to check
if your property needs a selective licence. Should you have problems using the link, please email
the licensing team on prslicensing@brent.gov.uk or call our licensing team on 020 8937 2384/5.
In all schemes, a licence will last up to 5 years and a licence will be required for each privately rented
property – not each landlord. Although anyone can be an applicant, owners, landlords and property
managers (person receiving the rent) – not the tenants, need to apply, or otherwise ensure that licence
applications are made to the Council. The applicant should be a person who is able to provide all the
relevant application information.
b) All private rented properties located within Brent except Wembley Park need a licence: NB:
   This is shown as the electoral wards in Designation 1 and Designation 2.
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The map below shows the Borough Boundary and the Selective Licensing areas in Brent.
The flow diagram below will help you to answer this question and to decide which licence you should
apply for. Although there are some exemptions to licensing, which the law stipulates, failure to make a
valid application to the Council, once the scheme comes into force, may result in:
   •   the landlord and/or managing agent being prosecuted and facing an unlimited fine in the
       Magistrates’ Courts, or,
   •   The Council imposing a civil penalty fine of up to £30,000 per offence.
   •   In addition, you may be banned from running a rental property.
Tenants can also apply to claim their rent back via a Rent Repayment Order (RRO) for the period of up
to 12 months during which the property was unlicensed; or housing benefit can be ordered to be repaid;
and you, the landlord may not be able to take section 21-eviction action against your tenants.
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                                 Licence-Type Flow Diagram
Some properties, such as those managed by Housing Associations and Brent Council homes properties
are exempt from licensing. Different exemptions provisions apply to the HMO and Selective licensing
provisions.
In addition, the Council may serve a Temporary Exemption Notice (TEN) where the person having
control of or managing the house, which is required to be licensed makes an application which notifies
the Council of steps being taken to secure the house will no longer require a licence). It is unlikely that
we would issue a TEN if the steps you are taking will likely take longer than 3 months as the initial TEN
will expire after 3 months. A second TEN may be granted but this would be rare and exceptional.
If you think that your property is exempt from the requirement of licensing, please email us at
prslicensing@brent.gov.uk or contact us on 020 8937 2384/5.
Exemptions under Part 3 of the Act (for Selective Licensing only) are:
Selective licensing of residential accommodation under Part 3 of the Housing Act 2004 applies to all
private rented properties that are not HMOs. A frequently question we are asked about lodgers. A
resident landlord (owner) and family may share a house with one or two unrelated lodgers
without the need for a licence. A third lodger means the house is an HMO and it must be licensed.
  ▪    The house is a House in Multiple Occupation (HMO) (but your property will probably still have
       to be licensed under the mandatory or additional licensing schemes).
  ▪    A Temporary exemption notice is in force (s.62 or s.86 Housing Act 2004)
  ▪    A management order is in force (s.102 or s.113 Housing Act 2004)
  ▪    The tenancies or licences are granted by registered social landlords and housing providers.
  ▪    The tenancies and licences are subject to a prohibition order whose operation has not been
       suspended. (s.20/s.21 Housing Act 2004)
  ▪    The tenancy is a business tenancy
  ▪    Certain premises licensed for alcohol consumption (only on-licences, not off-licences)
  ▪    Certain agricultural tenancies
  ▪    Buildings controlled or managed by a Local Housing Authority
  ▪    Buildings controlled or managed by Police
  ▪    Buildings controlled or managed by Fire Brigade
  ▪    Buildings controlled or managed by Health Service Body
  ▪    Tenancies, licences etc. regulated by other enactments
  ▪    Certain University/College accommodation occupied by students
  ▪    Where the owner or his relatives occupy a property on a long leasehold
  ▪    Where landlord lets to certain relatives
  ▪    Holiday Homes
  ▪    Where landlord/licensor or his relative lives at the property and shares facilities
If you think that your property is exempt from the requirement of licensing please contact us on
prslicensing@brent.gov.uk or telephone 020 89372384/5.
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Licence costs
Our fees and charges are being kept as low as possible. We do not make a profit from the scheme.
Income from the licence fee goes towards the setup, running and enforcement of the scheme. Brent’s
fees are comparatively low when compared with charges across all London Boroughs. We believe that
landlords should be able to absorb the licence fees as part of the cost of running their business without
the need to increase rents.
A £40.00 discount per application is offered to landlords and agents who are accredited members of
the London Landlord Accreditation Scheme (LLAS). https://www.londonlandlords.org.uk/accreditation/
https://www.brent.gov.uk/housing/landlords/property-licensing#propertylicensingfees
Refund policy
We will give a refund for a property licence if an application has been made by mistake. Situations
considered a mistake are, if:
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Fit and Proper Person determination
We will apply s66 of the Housing Act 2004 in determining whether the proposed licence holder and the
manager satisfies the ‘fit and proper’ person test. The application will ask for a declaration to the
following:
   •       committed any offence involving fraud or other dishonesty, violence, drugs and certain sexual
           offences
   •       Practised unlawful discrimination on the grounds of sex, colour, race, ethnic or national origins
           or disability in connection with any business
   •       contravened any provision of the law relating to housing or landlord and tenant law
   •       Demonstrate satisfactory management and financial arrangements are in place for each rented
           property.
   •       Demonstrate competence at managing a property e.g. evidence of suitable training and
           accreditation
   •       UK resident licence holder or manager who accepts to be bound by the terms of the licence.
   •       Conduct of persons associated with the proposed licence holder and manager
Any refusal or revocation of a licence on the ‘fit and proper’ test will be supported by a ‘statement of
reasons’ and made on a case-by-case basis. There is no time limit applied to the ‘fit and proper’ person
status, however the Council will consider the merits of any evidence, which could demonstrate why they
may be a ‘fit and proper’ person at that point.
       •      that management or property conditions are not satisfactory, but reasonable steps can be
              taken for them to be made satisfactory
       •      Enforcement notices are being served
       •      Concerns are raised by another statutory enforcement agency,
       •      Matters leading to spent relevant convictions
       •      Planning contraventions and lack of Planning Consent
       •      Liability orders /Summons for Council tax arrears
       •     Missing application details e.g. safety certificates, declarations, valid licence holder’s
              address.
   •       Check the information on your application to assist with the application decision
   •       Check compliance with the licence conditions
   •       Check the safety standards and management
Where licence holders are failing in their duties, the appropriate action will be taken in line with our
licencing and enforcement policy. Part of the licence fee goes towards carrying out the enforcement.
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Types of Licensing Application
When completing the application form you will need to be able to answer the following
questions:
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   6. Who needs to apply for the licence?
Anyone may be the applicant. However, that person must have all information necessary to complete
a valid licence application. The Council considers the owner to be the most appropriate person to be
the licence holder. The licence holder must be the landlord or the person who is responsible for
managing the property and to whom the tenants pay rent, if different from the landlord.
They must be a 'fit and proper’ person who is in control of the property. The licence holder should also
be the person who is able to authorise, organise and pay for essential repairs to the property. They
must be available to the tenants should questions or problems arise in respect of the property, and have
the means to resolve them where reasonably practical.
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There shall be no more than two sets of facilities in any one room. A room containing one set of facilities
should be a minimum of 5.5m² and a kitchen containing two sets of kitchen facilities should be a
minimum of 11m².
Sink           Stainless steel sink and integral drainer (minimum size 1000mm x 600mm), set on a
base unit. The sink is to be provided with a constant supply of hot and (potable) cold water and properly
connected to the drainage system via a suitable trap. A tiled splash back (minimum 300mm high) shall
be provided to the sink and drainer.
A storage cupboard, minimum capacity 0.3m³ e.g. 600mm wide x 720mm high x 600mm deep or 0.4m³
e.g. 1000mm wide x 720mm high x 600mm deep for a two person household. [In calculating the required
provision of storage cupboards, base unit cupboards below sinks/drainers should be discounted.]
Preparation A suitable worktop or table of smooth and impervious material of minimum size 1000mm
x 600mm.
Two double outlet 13 amp electrical power sockets to be situated above the work surface at a
convenient height and in a safe position. These are in addition to any power outlets serving major
appliances.
   10. What is the minimum standard for toilet (water closets) and bathroom facilities?
Bathroom and toilet facilities should be provided on a ratio of one set of facilities to every three
households or every five persons, whichever is the smaller.
Each WC compartment shall be provided with a suitable wash hand basin supplied with a constant
supply of hot and cold water and a splash back.
A bathroom/shower room shall be provided with a suitable bath or shower and also have a wash hand
basin supplied with a constant supply of hot and cold water and a splash back and the bathroom must
also have a toilet within the room or in a separate room adjacent to it.
   11. Space standards for bedrooms – What is the minimum sleeping room size?
The minimum sleeping room floor area sizes (subject to the measurement restrictions detailed in the
paragraphs below) to be imposed as conditions of Part 2 licences are:
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A licence holder commits an offence if, without reasonable excuse, the licence holder breaches the
licence by:
    • knowingly permitting the HMO to be occupied by more persons or households than is authorised
        by the licence
    • failing to comply with a condition of the licence such as a prohibition against occupation as
        sleeping accommodation
Guidance on how to measure your accommodation (Only needed for houses in multiple
occupation (HMOs))
Before making your licence application all bedrooms and kitchens should be measured to clarify how
many people can live there, and to clarify where extra facilities may need to be provided.
Irrespective of the floor area, you could take into account the shape and useable living space within
the room to decide whether it is suitable for people to live in and how many residents it can have.
•     All rooms must have a minimum floor to ceiling height of at least 2.14 metres (7 feet) over not
      less than 75% of the room area.
•     Any floor area where the ceiling height is less than 1.53 metres (5 feet) shall be disregarded.
•     The floor area taken up by a solid chimneybreast should be discounted.
•     Single rooms should have a minimum width of 1.8m.
•     Rooms, which are to accommodate two or more persons, should have a minimum width of 2.3m.
•     All floor space taken up by en-suite bathroom/shower facilities should be discounted.
In simple terms, a floor area of a room is calculated by multiplying the length by the width in metres, as
can be seen in this first example.
However, deductions need to be made for things like chimneybreasts or intrusions into the room as is
illustrated in these two examples.
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When calculating the floor area of a room that is in, for example, a converted loft, any floor space that
has a head-height of less than 1.53m should not be included as illustrated here.
The Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005 impose duties on the Local
Housing Authority and the Fire Brigade to secure reasonable fire safety precautions within residential
housing.
By law, all residential properties which have common parts need to have a fire risk assessment carried
out. Houses in Multiple Occupation (HMOs) fall under the provisions of the Fire Safety Order 2005 and
as the owner or manager you are required to carry out a fire risk assessment.
The Housing Act 2004 is the primary piece of legislation for all residential premises. This is enforced by
the Council. There are standard conditions applied to Brent property licences regarding fire safety.
There are significant variations in the types and risk levels of residential properties. The following
documents below provide advice and guidance. Please refer to official governmental and other
guidance such as:
The Housing Health and Safety Rating System guidance on fire (pdf) (on GOV.UK see page 148)
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                            Process for Issuing a Full Licence
You should note that it is a legal requirement for us to keep a register of licensed properties,
temporary exemption notices issued and management orders. This will include the name and
address of the licence holder. We must give this information if someone asks for it.
Our website www.brent.gov.uk/prslicensing has the documents below - these pages will be updated
with the latest information.
   •   Conditions of the mandatory/additional HMO Read the conditions for the HMO licence
   •   Conditions of the selective licence Read the conditions for the Selective licence
   •   Privacy notice: HMO and Selective Licensing privacy notice
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