All privately rented houses in parts of Brighton could be licensed

Privately rented homes in areas of Brighton and Hove could be required to get a special licence under plans being considered by the city council – but there are fears this could lead to increased rents or landlords selling up.

Twelve wards where higher levels of privately rented homes correspond to higher levels of antisocial behaviour and poor quality accommodation have been identified by Brighton and Hove City Council as suitable for licensing, and a schedule of fees is now being drawn up before a public consultation.

But a Hove lettings agent says that most of the city’s landlords let out homes which are already up to scratch and it would be unfair to ask them to pay hundreds of pounds because of the failings of a minority.

Andrew Gunner, listings manager at Brand Vaughan, said: “The prospect of raising standards of accommodation in the city is one we can only welcome.

“However, we believe that most landlords across the city are already providing good standards of accommodation and would be unfairly subjected to the additional costs of this scheme, because of the inactions or failings of a minority of landlords and some letting agents.

There are already laws and powers in place to address the issues raised in the report which are legally enforceable and cover the same issues a selective licensing scheme would or should address.

“With significant tax changes and increasing costs, plus continual changes to legislation, which have been widely covered in the press, this could be the last straw for some landlords.

“This may result in rents being increased to offset these additional costs, or indeed properties being sold as they become less financially viable, forcing tenants to seek alternative accommodation and placing even greater pressure on the private rental sector and tenants.

“We look forward to the consultation when it begins and hope this will detail the proposals more clearly.”

One of the measures Mr Gunner puts forward as a better alternative is the housing health and safety rating system (HHSRS) which allows councils to assess properties and if necessary serve improvement notices, prohibition orders or even emergency remedial action or demolition orders.

Economic development committee chair Cllr Alan Robins said: “We’re already using the planning powers the government makes available. The government is not likely to allow us to extend them. In the areas where there are the highest concentrations of student homes, our intervention is resulting in fewer HMOs being set up. But it will not be possible within the law to stop it entirely. Extending licensing could help and we’re pursuing that. Meanwhile our planning policy encourages purpose-built halls of residence, built in appropriate places.”

The 12 wards identified in a report by Mayhew Harper Associates as being suitable for private rental licensing are:

The 2011 census found that 31% of all homes in the city are privately rented, the ninth highest rate in England and Wales, and in three wards more than half of households live in homes rented through private landlords or lettings agents.

The city also has the sixth highest proportion of converted dwellings or shared houses (houses in multiple occupation, HMOS, and bedsits) in England and Wales.

Evidence from the existing HMO licensing schemes in Brighton and Hove has highlighted that in almost 9 in 10 (88%) current cases, the properties required improvements to ensure they are fit and safe for occupation. Whilst these improvements are benefiting an estimated 13,000 tenants, the city’s HMO licensing only covers 9% of the private rented sector.

A report considered by councillors last year said that if a scheme covering all privately rented homes was implemented, “responsible landlords will gain from the improved clarity of their role in raising property and tenancy management standards while action is taken to tackle those who flout their legal responsibilities.

“Tenants will be clear on what they can expect from both the home that they rent and the landlord that they rent it from, with implementation of minimum standards resulting in better managed, quality and safer homes.

“Any repairs and improvements will be required by the council rather than a tenant complaining and subsequently fearing loss of their tenancy, taking tension out of the landlord and tenant relationship.

“Communities benefit from a consistent approach towards proactively assessing and improving housing conditions across an area and knowing who is responsible for the management of properties that are rented out.”

The residents of licensed HMOs (i.e. licensed) a request for assistance from the council’s housing and environmental health teams is 13.2 times more likely than other properties, and noise complaints are 3.9 times more likely to be about licensed or unlicensed HMOs.

The Mayhew Harper report also found that where a property is predicted to be a single family private rented dwelling, residents are 2.4 times more likely to seek help from the council, and it’s 1.5 times more likely a noise complaint will be in relation to them.

Meanwhile, it appears likely that a petition calling on tighter planning regulations for HMOs – which are separate from licensing regulations – will be rejected.

The petitioners originally called for a blanket ban on new HMOs in Bevendean, but at the suggestion of planning officers, this was changed to increasing the criteria for refusal from 10 per cent of homes within a 50m radius are already HMOs to 150m and five per cent.

However, after looking into what impact this would have, it was found that it would not lead to the refusal of more HMOs, and could in fact lead to more being approved in some cases.

However there are many complaints about unauthorised HMOs – the planning department is currently investigating 106 possible cases.

Since the new rules were introduced, 270 investigations have been launched, resulting in 24 enforcement notices, requiring the HMO to stop operating.

Currently small HMOs typically used as student homes need a licence in 12 council wards. Larger HMOs need a licence all over the city.

Cllr Robins added: “We are also working with both universities to ensure residents’ concerns are dealt with as effectively as possible under the rules. And extra resources were agreed in the council budget to enforce HMO planning regulations.”