Licensing comes fully into force

Part 1 and Part 2 of the Housing Act 2004 have been implemented with effect from 6th April 2006: this relates to the Housing Health and Safety Ratings System and the Mandatory Licensing of Houses in Multiple Occupation.

The Act also brings into existence special provisions for University and private halls provisions in the form of Government Approved Codes of Practice.

The Housing Act allows for 12 weeks from implementation for landlords to apply for a licence, which means that after the opening week of July 2006, any landlord with a licensable property will be committing an offence if they do not have, or have applied for a licence.

We strongly advises all landlords who think that their property/ies may require licensing to write to the Local Authority raising any issues or simply applying for a licence.

The Housing Act 2004 sets the framework for housing standards for both landlords and tenants. As can be seen, the Housing Act 2004 provides for a pro-active inspection and licensing regime and also will be used in respect of reactive action taken by the Local Authority in respect of complaints about standards from tenants or certain aspects of disrepair.

For tenants living in licensable HMOs the Act will set the framework for enforcement and regulation of their house. A national register of licensed properties will soon come into being (a link will appear here when this is available) and tenants, in licensable houses, should check that their house has a licence and should report any failure to become licensed to the Local Authority straight away. If a landlord is found guilty of not applying for a licence then they can get some of their rent back – so there is something in it for them.

Tenants are important as enforcers and champions of consumer standards. They should stand up for what they should have and should see their tenancies as a tenancy of choice that should meet realistic expectations. Housing cost a lot of money and they should be dealing with reputable landlords who treat them with good customer care skills and courtesy at all times which most licensed landlords will do.

You can find further information about licensing on the Communities and local government website