Property Licensing FAQ

• Can a company be a licence holder or manager, and hence a fit and proper person?
• Do split level tenements fall within the definition of a storey?
• What is a self contained flat?
• If a self contained flat is occupied by five or more people in more than one household, are the other storeys in the building counted when determining if the property needs a HMO licence?
• What happens when a licensed property is sold? Sales can be very quick with exchange and completion on the same day a possibility.
• Would the letting agent be responsible to find out fit and proper person information from the owner?
• Is it unlawful discrimination where, for example, insurance companies refuse to insure when there are tenants in receipt of Housing Benefit?
• Will there be police checks undertaken on all people applying for HMO Licenses?
• If an agent is the license holder, how can they be responsible for the decisions of the landlord?
• If you do not comply with HHSRS (Housing Health and Safety Rating System) will the licence be revoked?
• Will frequently changing standards by Building Regulations for electrical installations require constant updating?
• What action is going to be taken to catch those operating without a licence?
• If fire alarm certificates are provided, why must information regarding the system be put in the application?
• How detailed do sketches have to be?
• Will it be acceptable for application, to provide a note to say that electrical works are scheduled to be carried out?

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Can a company be a licence holder or manager, and hence a fit and proper person?

Yes. A company can be nominated in these roles as opposed to a named individual, and can be assessed as a fit and proper person in the same way as an individual. [Back to top]

Do split level tenements fall within the definition of a storey?

Yes, however, they will only be counted towards the number of storeys if they result in the property having three or more storeys at any point. Therefore a property which is two storeys at the front and three storeys at the back will require licensing. However, a property which has two storeys at the front and two in the rear tenement will not require licensing. [Back to top]

What is a self contained flat?

A self contained flat is a unit of living accommodation, which has individual amenities located within the accommodation behind a single door. [Back to top]

If a self contained flat is occupied by five or more people in more than one household, are the other storeys in the building counted when determining if the property needs a HMO licence?

Where a building consists entirely of fully self contained flats, Plymouth does not count the other storeys within the building, it just considers the storeys within the flat (or maisonette) itself. There is some dispute about whether this is the correct legal interpretation of licensing law. Other local authorities consider the matter differently. In Plymouth we are waiting for a definitive answer, but in the mean time we will not expect single storey flats to be licensed because there are two storeys of residential flats below them. If we are shown to be incorrect, we will ask for licence applications at that time. We will not penalise landlords who have followed our advice and understanding of this matter.

The situation is slightly different in buildings with mixed commercial and residential use. Please contact us for further advice. [Back to top]

What happens when a licensed property is sold? Sales can be very quick with exchange and completion on the same day a possibility.

The licence is not transferable from the vendor to the purchaser.  Any prospective purchasers should contact the team and begin the application process as soon as possible. Should the purchase not complete, any fee will be returned. We expect the purchaser to make enquiries as to whether the property is already licensed. It may be possible to copy some paperwork to the new application, saving your time and effort. The scale of charges for licensing reflects the promptness which full applications are made, so you are advised to contact us, complete and return a full application form and submit all other documents and the fee as soon as possible. [Back to top]

Would the letting agent be responsible to find out fit and proper person information from the owner?

A fit and proper person is a person who has complied with housing and related legislation, is competent to manage the property and has the resources to do it.  There is a separate form in the application pack for all owners to complete and sign. [Back to top]

Is it unlawful discrimination where, for example, insurance companies refuse to insure when there are tenants in receipt of Housing Benefit?

No. Unlawful discrimination refers to the activities of the licence holder and management not decisions based on risk taken by insurance companies. [Back to top]

Will there be police checks undertaken on all people applying for HMO Licenses?

We will be undertaking internal information checks within the council and other councils for all persons to be assessed as fit and proper. A fit and proper person is a person who has complied with housing and related legislation, is competent to manage the property and has the resources to do it. Also Criminal Records checks will be required in a random sample of applications and where it is deemed necessary from information acquired. [Back to top]

If an agent is the license holder, how can they be responsible for the decisions of the landlord?

We will only accept an agent as a licence holder if they are given the following powers to:

a)	let to and evict tenants
b)	access all parts of the premises to the same extent as the owner
c)	authorise any expenditure necessary to ensure the health, safety and wellbeing of the tenants and others who may be affected by the property (including neighbours and passers-by).

If you do not comply with HHSRS (Housing Health and Safety Rating System) will the licence be revoked?

The licence holder and manager (if any) must be a fit and proper person(s) and there must be adequate management structures and financial arrangements to properly maintain the HMO.

The housing health and safety rating system (HHSRS) is a system for assessing how property problems affect the health and safety of residents. It is possible that significant failures to safeguard the tenants may be considered as grounds for reviewing the suitability of the licence holder and manager. Where an improvement notice is served under the Housing Act, and this is not properly complied with, this will be similarly considered. [Back to top]

Will frequently changing standards by Building Regulations for electrical installations require constant updating?

When an electrical inspection certificate is supplied we check that the installation is shown as satisfactory and there are no defects identified as requiring urgent attention, requiring improvement or requiring further investigation. Where the electrician states that an item does not meet the current standards but despite this it is safe, then we would not expect works to be completed. [Back to top]

What action is going to be taken to catch those operating without a licence?

The national advertising campaign should inform tenants and the public as well as landlords of the requirement to licence. We will act on any information provided regarding properties being operated without a licence. We will also make checks with council tax, housing benefit and our records to identify property which may require licensing. We may target groups of tenants, eg students to ensure they are aware of licensing. [Back to top]

If fire alarm certificates are provided, why must information regarding the system be put in the application?

This type of certificate informs us that there is a system and that it is in proper working order, however, it will not give us a description of the areas covered as is required by the regulations. [Back to top]

How detailed do sketches have to be?

Sketches do not need a great deal of detail. We will need the basic layout of the property, each room to be labelled (eg bedroom, lounge) and numbered. We will also need any smoke or heat detectors to be shown. If you believe this team holds plans of the property, contact us to request them and we will provide a copy for you to confirm details are correct. [Back to top]

Will it be acceptable for application, to provide a note to say that electrical works are scheduled to be carried out?

Test certificates will be acceptable at this stage regardless of whether satisfactory or not. A time scale for works to be completed will be agreed. [Back to top]