Agenda item

This report seeks approval of Designation 2/2023 for a new Private Rented Sector Selective Licensing scheme in Brent.

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.

Councillor Promise Knight (Cabinet Member for Housing, Homelessness & Renters Security) introduced a report seeking approval to extend the Private Rented Sector (PRS) Selective Licensing scheme within the borough.

In considering the report Cabinet noted the extension of the PRS Selective Licensing scheme followed a previous Designation (1/2023) agreed on 17 April 2023 covering the wards of Dollis Hill, Harlesden & Kensal Green and Willesden Green.  The subsequent extension (Designation 2/2023) for which approval was now being sought had been designed to cover a further 18 wards (excluding Wembley Park) for a five-year period covering 65.7% of the Private Rented Stock in Brent on the basis of poor property conditions.

As before, members noted the 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 the detailed findings of the consultation process 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.

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 whilst also seeking to drive up standards within the private rented sector in the designated areas.  Whilst concern was expressed at the delay in the Government bringing forward the Renters Reform Bill, Cabinet felt the PRS Selective Licensing scheme highlighted the Council’s commitment, working with a range of stakeholders including the Renters Union, to support tenants within the private rented sector in being able to hold landlords to account and in ensuring the delivery of high quality standards of accommodation.

Having considered the report, 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.