Issue - meetings
Selective Licensing in the Private Rented Sector in Brent 2023
Meeting: 17/04/2023 - Cabinet (Item 9)
9 Selective Licensing in the Private Rented Sector in Brent 2023 PDF 1 MB
This report requests Cabinet approval for the proposed selective licensing scheme designations beyond 30 April 2023.
Additional documents:
- 09a. Appendix 1 - Consultation Findings Report, item 9 PDF 2 MB
- 09ai. Appendix 1a - Consultation Findings Report Appendices, item 9 PDF 2 MB
- 09b. Appendix 2 - Council Responses to Representations, item 9 PDF 1 MB
- 09c. Appendix 3 - Consultation Proposals Evidence Report, item 9 PDF 1 MB
- 09d. Appendix 4 - Metastreet Evidence Report, item 9 PDF 4 MB
- 09e. Appendix 5 - Selective Licensing Scheme Designation, item 9 PDF 164 KB
- 09f. Appendix 6 - Private Housing Services Enforcement Policy, item 9 PDF 498 KB
- 09g. Appendix 7 - Brent Selective Licensing Fee 2023, item 9 PDF 802 KB
- 09h. Appendix 8 - Selective Licensing Scheme Conditions, item 9 PDF 758 KB
- 09i. Appendix 9 - Equalities Impact Assessment, item 9 PDF 1 MB
- 09ji. Appendix 10a - Letter of Support Harlesden Neighbourhood Forum, item 9 PDF 711 KB
- 09jii Appendix 10b - Letter of Support Willesden Green Town Team, item 9 PDF 557 KB
- 09k. Appendix 11 - Designation Map and Draft Designation notice, item 9 PDF 680 KB
- Webcast for Selective Licensing in the Private Rented Sector in Brent 2023
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 (Appendix 1 & 1A), the representations received and the Council’s consideration thereof, and response to these representations as detailed within Appendix 2 of the report.
(2) To note the consultation evidence (as detailed within Appendix 3 of the report) relating to the problems being caused by poorly managed privately rented properties, and that the report had considered that selective licensing would assist the Council in achieving wider objectives, as well as 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 detailed within section 11 of the report which set out the legislative requirements of selective licensing.
(5) To note that upon approval, if granted, 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 (included as Appendix 3 to the report) highlights that the legal requirements as set out in paragraphs 11.6 to 11.27 of the report for introducing Selective Licensing on the grounds of anti-social behaviour (ASB); and/or poor property conditions have been met regarding the proposed selective licensing designation.
(7) To note that this designation falls within the description of designations in relation to which the Secretary of State has given a general approval 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 are under 20%
(8) To agree, subject to (1) and (2) above, to authorise the designation of 3 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 4 of the report:
Designation 1/2023: A selective licensing scheme designation in the wards of Dollis Hill, Harlesden & Kensal Green, Willesden Green under Part 3, s.80 Housing Act 2004 on the grounds of (1) poor housing (property) conditions and (2) ASB with effect from 1 August 2023 (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 1/2023
(10) To agree the authority to issue the required statutory notification in relation to the Selective Licensing Scheme Designation 1/2023 is delegated to the Corporate Director of Residents Services, in consultation with the Cabinet member for Housing, Homelessness, and Renters’ Security ... view the full decision text for item 9
Minutes:
Councillor Promise Knight (Cabinet Member for Housing, Homelessness & Renters Security) introduced a report seeking approval to renew and extend the private rented sector selective licensing scheme within the borough.
In considering the report Cabinet noted the recent growth in the private rented sector across the borough, with around 58,000 homes now privately rented (representing 46% of total dwellings). Members were advised the scheme would require landlords of privately rented accommodation within the designated areas to apply for a Council licence and comply with the property management licence conditions designed to ensure required standards were met in relation to property conditions and the way in which tenants are treated. Consultation on the proposed scheme had run for 12 weeks from October 2022 to January 2023, with 853 individuals and organisations having responded. In noting the detailed findings of the consultation process (as set out in Appendix 1 of the report) members were advised that in terms of an overall response, the majority of residents and businesses who engaged were in favour of the scheme with landlords less in favour or not all.
Cabinet noted that initial approval was being sought for a designation (as a proposed first phase) covering a total of three wards (Dollis Hill, Harlesden & Kensal Green and Willesden Green) for five years with these areas covering 18% of the Private Rented Housing Stock in Brent, on the basis of poor property conditions and anti-social behaviour.
Members thanked officers for the work undertaken to gather the necessary evidence to support development of the scheme along with the extensive nature of the consultation process. In welcoming the scope of the selective licensing scheme in seeking to address poor property conditions and anti-social behaviour directly with private sector landlords, members were keen to recognise how this would ensure support and safeguards were provided for tenants within the private rented sector in the designated areas. Cabinet also welcomed and noted the additional work being undertaken in support of a possible further designation (Designation 2/2023) at the appropriate time.
Having noted the report and with no further comments, Cabinet RESOLVED:
(1) To note the outcome of the consultation process detailed in the Consultation Findings Report of February 2023 and the report Appendices (Appendix 1 & 1A), the representations received and the Council’s consideration thereof, and response to these representations as detailed within Appendix 2 of the report.
(2) To note the consultation evidence (as detailed within Appendix 3 of the report) relating to the problems being caused by poorly managed privately rented properties, and that the report had considered that selective licensing would assist the Council in achieving wider objectives, as well as 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 detailed within section 11 of the report which set out the legislative requirements of selective licensing.
(5) To note that upon approval, if granted, the scheme ... view the full minutes text for item 9