
Landlords in Hammersmith and Fulham must understand property licensing. This guide covers Selective and Additional licensing schemes, compliance, and penalties.
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Landlords operating in the London Borough of Hammersmith and Fulham need to be aware of the comprehensive property licensing schemes in place. The council actively implements both Selective Licensing and Additional Licensing to ensure high standards in the private rented sector. These schemes are crucial for maintaining safe and well-managed properties, impacting a significant number of landlords and tenants across the borough.
Selective Licensing is a scheme that requires all privately rented properties within a designated area to be licensed, regardless of the number of occupants. This is typically introduced in areas experiencing issues such as anti-social behaviour, poor property conditions, or high levels of deprivation. The aim is to improve the management of privately rented homes and address wider neighbourhood problems.
Additional Licensing applies to Houses in Multiple Occupation (HMOs) that are not covered by mandatory HMO licensing. While mandatory licensing covers larger HMOs (three or more storeys, five or more occupants), Additional Licensing allows councils to extend licensing requirements to smaller HMOs, often those with three or more occupants sharing facilities, regardless of the number of storeys. This provides councils with greater control over the quality and management of these properties.
In Hammersmith and Fulham, landlords must consider both the Additional Borough Wide scheme and the Selective Phase 1 scheme. The Additional Licensing scheme applies borough-wide to all Houses in Multiple Occupation (HMOs) that are occupied by three or more people forming two or more households, who share facilities such as a kitchen or bathroom, regardless of the number of storeys. This means many smaller shared properties, not covered by national mandatory HMO licensing, will require an Additional Licence.
The Selective Licensing Phase 1 scheme designates specific areas within the borough where all privately rented properties, even those occupied by a single person or family, must be licensed. It is imperative for landlords to determine if their property falls within these designated Selective Licensing areas. The council's intention with these schemes is to drive up standards, tackle rogue landlords, and improve living conditions for residents. Therefore, understanding the specific criteria for both schemes is vital for compliance.
To ascertain whether your property in Hammersmith and Fulham requires a licence under either the Selective or Additional Licensing schemes, the most efficient method is to use a dedicated property licensing search tool. Websites like tuxa.co.uk allow landlords to search by address, providing immediate information on whether a property is located within a designated licensing area and what type of licence, if any, is required. This service helps landlords quickly identify their obligations and avoid potential non-compliance.
Operating a privately rented property without the required licence in Hammersmith and Fulham can lead to severe penalties. Landlords found to be non-compliant face the risk of receiving a civil penalty notice of up to £30,000. In more serious cases, the council may pursue prosecution through the magistrates' court, which can result in an unlimited fine. Furthermore, landlords may be ordered to repay up to 12 months' rent to tenants through a Rent Repayment Order, and could be prevented from managing properties in the future. It is therefore crucial to ensure full compliance with all licensing requirements.
If your property requires a licence under either the Selective or Additional Licensing schemes in Hammersmith and Fulham, you must apply directly to the council. The application process typically involves submitting a detailed form, providing property information, safety certificates, and paying the relevant fee. It is advisable to begin the application process well in advance of any deadlines to ensure continuous compliance. The council's official website will provide comprehensive guidance, application forms, and contact details for their licensing team.
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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