
Landlords in Gateshead must be aware of Selective and Additional licensing schemes. Ensure your rental property complies with local regulations to avoid penalties.
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Gateshead Council operates both Selective and Additional licensing schemes for privately rented properties within its jurisdiction. These schemes, including Additional Phase1/2, Phase 1 Select, and Phase 2 Select, are designed to improve housing standards, manage anti-social behaviour, and ensure responsible property management across the borough. Landlords with properties in Gateshead must understand which scheme, if any, applies to their rental units to ensure full compliance with local regulations.
Selective Licensing schemes are implemented in specific areas where there are issues such as low housing demand, significant anti-social behaviour, or poor property conditions. Under Selective Licensing, all privately rented properties within the designated area are required to be licensed, regardless of their size or the number of occupants. The aim is to raise management standards and improve the quality of accommodation for tenants.
Additional Licensing applies to Houses in Multiple Occupation (HMOs) that are not covered by the mandatory national HMO licensing scheme. This typically includes smaller HMOs, for example, those with fewer than five occupants or fewer than three storeys. The purpose of Additional Licensing is to ensure that these smaller HMOs are managed to a high standard, providing safe and well-maintained homes for their residents.
In Gateshead, the requirement for a property licence depends on its location and type. If your property is a privately rented home located within an area designated for Selective Licensing, such as those covered by the Phase 1 Select or Phase 2 Select schemes, it will require a licence. This applies to all privately rented properties, irrespective of the number of tenants.
Furthermore, if your property is an HMO that falls under the Additional Licensing scheme, specifically the Additional Phase1/2 scheme, and is not already subject to mandatory HMO licensing, it will also require a licence. This typically includes smaller HMOs that are rented to three or four tenants forming two or more households.
It is crucial for landlords to identify if their properties fall within these designated areas or categories to avoid non-compliance.
To determine whether your rental property in Gateshead requires a licence under either the Selective or Additional licensing schemes, you can use online resources. A convenient way to check is by searching for your property's address on platforms like tuxa.co.uk. This can help you quickly ascertain if your property is located within a designated licensing area or if it meets the criteria for an HMO requiring an additional licence.
Operating a licensable property without the required licence in Gateshead can lead to severe penalties. Landlords found to be non-compliant may face a civil penalty of up to £30,000. In more serious cases, or if the council decides to prosecute, an unlimited fine may be imposed by a magistrates' court. Additionally, landlords could be subject to rent repayment orders, where tenants can reclaim up to 12 months' rent.
If you determine that your property requires a licence, you must apply directly to Gateshead Council. The application process involves providing detailed information about the property and its management. It is advisable to contact the council's housing or private sector housing team for the most up-to-date application forms, guidance, and any specific requirements related to the Additional Phase1/2, Phase 1 Select, or Phase 2 Select schemes.
Operating an unlicensed HMO can result in unlimited fines, rent repayment orders and difficulty regaining possession. Here is exactly what you are up against if your property is not licensed.
Additional HMO licensing extends beyond mandatory licensing to cover smaller shared properties. Councils can introduce it borough-wide, and many of the most active rental markets in England have done so.
The legal responsibility for holding a HMO licence sits with the landlord, but letting agents often manage the process. Here is how the responsibility is divided and what happens if things go wrong.
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