Decision details
Selective Licensing in the Private Rented Sector in Brent 2023 - Phase 2
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
Approval of the steps for new licensing schemes.
Decision:
Cabinet RESOLVED
(1) To note the outcome of the consultation process detailed in the Consultation Findings Report of February 2023 and the Report Appendices (as detailed in Appendix 1 & Appendices 1(A) of the report), the representations received and the Council’s consideration thereof, and response to these representations (as detailed in Appendix 2 of the report).
(2) To note the consultation evidence (as detailed in Appendix 3 of the report) relating to the problems being caused by poorly managed privately rented properties, and that the report has considered that selective licensing will assist the Council in achieving its wider objectives, as well as having considered the alternatives to licensing.
(3) To note the content of the Equality Impact Assessment as set out in Appendix 9 of the report.
(4) To note the legal implications as set out in paragraph 11 of the report, which detail the legislative requirements for selective licensing.
(5) To note that after Cabinet approval, if confirmed by the Secretary of State (DLUHC), the scheme shall be publicised via an agreed communications plan, and in accordance with the regulations before the scheme comes into force.
(6) To agree that the evidence report (as detailed in Appendix 3 of the report) highlights that the legal requirements as set out in paragraphs 11.1 to 11.16 of the report for introducing Selective Licensing on the grounds of poor property conditions have been met regarding the proposed selective licensing designation.
(7) To note that this designation falls within the description of designations which need confirmation by the Secretary of State under section 82 of the Housing Act 2004 and The Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015 as both the size of the private rented stock and the geographical area of the designation cover more than 20% of their geographical area or would affect more than 20% of privately rented homes in the local authority area.
(8) To agree, subject to (1) and (2) above, to authorise the designation of 18 wards for selective licensing to last for five years from the date of designations coming into force, and which cover the following Council wards as delineated and edged red on the map in Appendix 5 of the report:
Designation 2/2023: A selective licensing scheme designation in the 18 wards of Alperton, Barnhill, Brondesbury Park, Cricklewood & Mapesbury, Kenton, Kilburn, Kingsbury, Northwick Park, Preston, Queens Park, Queensbury, Roundwood, Stonebridge, Sudbury, Tokyngton, Welsh Harp, Wembley Central, and Wembley Hill under Part 3, s.80 Housing Act 2004 on the grounds of poor housing (property) conditions with effect from April 2024 (in accordance with the criteria set out in the Housing Act 2004 and Selective Licensing of Houses (Additional Conditions) (England) Order 2015 , or at a later date in accordance with the statutory time required for the scheme to come into force.
(9) To agree that the selective scheme described in (8) above shall be cited as the London Borough of Brent Designation No 2/2023.
(10) To agree the authority to issue the required statutory notification in relation to the Selective Licensing Scheme Designation 2/2023 be delegated to the Corporate Director of Residents Services, in consultation with the Cabinet Member for Housing, Homelessness, and Renters’ Security.
(11) To agree that, subject to the issue of statutory notifications, the Corporate Director of Residents Services, in consultation with the Cabinet Member for Housing, Homelessness & Renters Security be authorised to decide the date from which the council will begin to accept applications for selective licensing.
(12) To agree that authority be delegated to the Corporate Director of Residents Services, in consultation with the Cabinet Member for Housing, Homelessness & Renters Security to agree the basis for, and level of any changes including discounts which may be applied to the licensing application fees.
(13) To note the standard licensing conditions for licences granted in the proposed designation areas for selective licensing as set out in Appendix 8 of the report, which were approved by Cabinet on 17 April 2023, and to authorise the Corporate Director for Residents Services, in consultation with the Cabinet Member for Housing, Homelessness & Renters Security, to make any minor variations to such licensing conditions.
(14) To note that the Selective Licensing scheme will be kept under review at least annually and that any significant changes, including the withdrawal of a licensing designation or a proposal to introduce any new designation(s), will be subject to further decision by Cabinet.
(15) To note the letters of support for the licensing proposals as attached in Appendices 10 a & b of the report.
Wards Affected: Alperton; Barnhill; Brondesbury Park; Cricklewood & Mapesbury; Kenton; Kilburn; Kingsbury; Northwick Park; Preston; Queens Park; Queensbury; Roundwood; Stonebridge; Sudbury; Tokyngton; Welsh Harp; Wembley Central; Wembley Hill;
Contact: Spencer Randolph, Director - Housing Services Email: spencer.randolph@brent.gov.uk Tel: 020 8937 2546.
Report author: Spencer Randolph
Publication date: 17/07/2023
Date of decision: 17/07/2023
Decided at meeting: 17/07/2023 - Cabinet
Effective from: 25/07/2023
Accompanying Documents:
- 12. Selective licensing Designation 2023-2 PDF 1 MB
- 12.a(i).Appendix 1 - LB Brent Consultation report v0.7 PDF 2 MB
- 12a(ii). Appendix 1a - LB Brent Consultation report appendices PDF 2 MB
- 12b. Appendix 2 - LB Brent Consultation Response PDF 1 MB
- 12c. Appendix 3 - Brent Evidence Pack PDF 1 MB
- 12d. Appendix 4 - Housing Stock and Stressors Report (Metastreet) 2022 PDF 4 MB
- 12e. Appendix 5 - Selective Licensing Designation Map PDF 179 KB
- 12f. Appendix 6 - Private Housing Services Enforcement Policy PDF 498 KB
- 12g. Appendix 7 - Brent Selective Licensing Fee 2023 PDF 834 KB
- 12h. Appendix 8 - Brent Selective Licensing Conditions PDF 760 KB
- 12i. Appendix 9 - Equalities Assessment PDF 1 MB
- 12j(i). Appendix 10a - Support Letter on PRS Selective Licensing (Harlesden Neighbourhood Forum) PDF 713 KB
- 12j(ii) Appendix 10b - Support letter on PRS Selective Licensing (Willesden Green Town Team) PDF 552 KB
- 12k. Appendix 11 - Selective Licensing Designation Area No.2-2023 PDF 716 KB