Rented property licensing

PUBLIC NOTICE

NEWHAM LONDON BOROUGH COUNCIL

DESIGNATION OF AN AREA FOR ADDITIONAL HMO LICENSING

Section 56, Housing Act 2004

On 22 June 2022 in the exercise of its powers under section 56 of the Housing Act 2004 (“the 2004 Act”), Newham London Borough Council (“the Council”) of (1000 Dockside Road, London, E16 2QU) made the London Borough of Newham Designation for Additional Licensing of Houses in Multiple Occupation No.1 2023 (“the Designation”).

The Designation does not fall within a description of designations for which the Secretary of State’s confirmation is required under the Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015.

The Designation

The Designation will come into force on 1 January 2023 and unless previously revoked, shall cease to have effect on 31 December 2027.The Designation applies to the area outlined in red on the map at Annex A and excludes the areas shaded in pink. The Designation applies accordingly to all wards in the London Borough of Newham excepting and excluding Royal Victoria and Stratford Olympic Park.

Wards included in Designation: Beckton, Boleyn, Canning Town North, Canning Town South, Custom House, East Ham, East Ham South, Forest Gate North, Forest Gate South, Green Street East, Green Street West, Little Ilford, Manor Park, Maryland, Plaistow North, Plaistow South, Plaistow West & Canning Town East, Plashet, Royal Albert, Stratford, Wall End & West Ham

Wards excluded from Designation: Royal Victoria & Stratford Olympic Park.

The Designation applies to any building or part of a building in the Designation area if (a) it is occupied by three or more persons living in two or more households, (b) it satisfies the standard test, the self-contained flat test, or the converted building test, as defined by section 254 of the 2004 Act (see Annex B below), or a HMO declaration has been made in respect of it, pursuant to sections 254(1)(d) and 255 of the 2004 Act (see Annex B below), and (c) it does not fall within a description of buildings, or parts of buildings, that either (i) are not HMOs for the purposes of additional licensing under Part 2 of the 2004 Act (see Annex C below) or (ii) require a licence under section 55(2)(a) of the 2004 Act, as prescribed by Article 4 of the Licensing of Houses in Multiple (Prescribed Description) (England) Order 2018 (see Annex D below).1 The Designation will not apply to HMOs as defined by section 257 of the 2004 Act, i.e. certain converted blocks of flats (see Annex B below).

HMOs requiring a licence and statutory exceptions

Every HMO to which the Designation applies (above) must be licensed under Part 2 (S.61) of the 2004 Act unless either (a) a temporary exemption notice is in force in relation to it under section 62 of the 2004 Act, or (b) an interim or final management order is in force in relation to it under Chapter 1 of Part 4 to the 2004 Act.2

The London Borough of Newham will comply with the notification requirements contained in section 59 of the Act and shall maintain a register of all houses registered under this designation, as required under section 232 of the Act.3

Consequences of failing to license an HMO, comply with licence conditions etc.

Unless a statutory exception applies, as set out above, the HMO will require a licence under Part 2 of the 2004 Act. A person who manages or has control of it without a licence will commit an offence under section 72(1) of the 2004 Act, and will be liable upon summary conviction or penalty to an unlimited fine or, as the case may be, a financial penalty not exceeding £30,000 per offence. A person who breaches a condition of a licence, or who knowingly allows an HMO to be occupied by more than the number of persons or households permitted by the licence, will be similarly liable. The landlord of such a property may also be liable to a rent repayment order under the Housing and Planning Act 2016, or in certain circumstances to entry on a database of rogue landlords, or to a banning order.

Inspecting the designation

The Designation may be inspected by prior appointment between 9.00 and 17:00 on weekdays at: London Borough of Newham, First Floor West Wing, Newham Dockside, 1000 Dockside Road, London, E16 2QU

Important notice: Where to obtain advice

If you are an owner, a landlord, an agent, or a person otherwise managing or occupying a property in the Designation area you are strongly advised to seek advice from the Council about the need to license the property. If you wish to do this or you require a licence application or general advice about the Designation you are advised to contact:

Private Sector Housing Standards Team:

• by telephone on 020 3373 1950
• online at www.newham.gov.uk/propertylicensing
• by e-mail: propertylicensing@newham.gov.uk
• by writing to Private Sector Housing Standards, London Borough of Newham, First Floor West Wing, Newham Dockside, 1000 Dockside Road, London, E16 2QU.

Full Designation of an area for Additional Licensing (PDF)