Portsmouth Property Licensing Guide: HMO, Selective and More

Landlords operating within Portsmouth City Council's jurisdiction must navigate a comprehensive property licensing landscape designed to uphold housing standards and tenant safety. While the initial task mentioned selective licensing, it is crucial to clarify that Portsmouth City Council does not currently operate a selective licensing scheme for privately rented properties across designated areas. Instead, the focus remains on Houses in Multiple Occupation (HMOs) through both mandatory and additional licensing provisions, ensuring that shared accommodations meet stringent local and national requirements.

The city's approach to property licensing is rooted in the Housing Act 2004, with schemes tailored to address specific types of rented properties. The additional licensing scheme, which commenced on 1st September 2023 and is set to conclude on 31st August 2028, extends regulatory oversight to smaller HMOs not covered by mandatory licensing. This proactive measure by Portsmouth City Council aims to enhance property management and living conditions, particularly in properties housing three or four tenants from multiple households.

Understanding the nuances of these schemes, including their scope, duration, and associated costs, is essential for landlords to maintain compliance and avoid potential penalties. The council regularly reviews its fee structures to reflect the administrative costs of these vital services, ensuring the continued effectiveness of its housing regulation efforts.

What Landlords Need to Know

Landlords in Portsmouth must be acutely aware of the specific criteria that determine whether their property falls under mandatory or additional HMO licensing. Mandatory licensing applies to properties housing five or more unrelated individuals forming two or more households, including certain self-contained flats. The additional licensing scheme, however, broadens this scope to include smaller HMOs with three or four tenants, as well as Section 257 HMOs, which are buildings converted into flats where two-thirds or more are rented out and do not comply with 1991 building regulations. It is imperative for landlords to accurately assess their property's occupancy and configuration against these definitions.

The application process for both mandatory and additional HMO licences involves two distinct fee components: an initial application fee (Part 1) and a licence issue fee (Part 2). The Part 1 fee is non-refundable and covers the council's processing costs up to the decision point. The Part 2 fee, payable upon receipt of a 'Notice of Intention to Grant a Licence', covers the costs of issuing, operating, and enforcing the scheme. Failure to pay the Part 2 fee will result in the property remaining unlicensed, leading to potential enforcement action. Landlords should also note that fees are subject to periodic review and are based on the number of bedrooms for mandatory HMOs, with specific calculations for properties exceeding eight bedrooms.

Landlord Checklist

1. Verify Property Status: Confirm if your property is an HMO under Portsmouth City Council's definitions, considering both mandatory (five or more tenants) and additional (three or four tenants, or Section 257) criteria.

2. Check Scheme Dates: Ensure your property's licence is current and apply for renewal well in advance of its expiry, especially for the Additional HMO scheme which has a defined end date of 31st August 2028.

3. Understand Fee Structure: Familiarise yourself with the two-part fee system for licence applications and renewals, ensuring timely payment of both the application and issue fees.

4. Meet HMO Standards: Review and adhere to Portsmouth City Council's specific HMO standards regarding space, amenities, and safety, including fire safety, gas safety, and electrical safety requirements.

5. Prepare Documentation: Gather all necessary documents for your application, such as floor plans, fire risk assessments, gas safety certificates, Electrical Installation Condition Reports (EICRs), and proof of landlord accreditation.

6. Maintain 'Fit and Proper' Status: Ensure you, as the licence holder, meet the 'fit and proper person' test, free from serious criminal convictions or housing law breaches.

Ignoring property licensing regulations in Portsmouth can lead to severe consequences, including prosecution by Portsmouth City Council, substantial fines of up to £30,000 per non-compliant property, and rent repayment orders for up to 12 months.

For further details and to access application forms, landlords are encouraged to visit the official Portsmouth City Council website's housing section. Staying informed and compliant is paramount for responsible property management in the city.