Agenda item

This report makes recommendations in relation to designating a new additional HMO licensing scheme to the whole area of the borough with effect from 2 February 2026or at a later date in accordance with the statutory time required for the scheme to come into force.  Details are also provided on the outcome of the consultation process undertaken with landlords, tenants, residents, stakeholders and other interested parties to inform the process.

Having considered the detail and reasons set out in the report and supporting appendices, Cabinet RESOLVED:

(1)       To note the outcome of the consultation process detailed in the Consultation Report (attached as Appendix 1to the report), the representations received and the Council’s consideration and response to those representations (attached as Appendix 2 to the report).

(2)       To note that the document to support undertaking the public consultation (consultation evidence pack - attached as Appendix 3 to the report) and Housing Conditions and Stressors Report (attached as Appendix 4 to the report) highlighted the scale of problems relating to poorly managed HMOs in the private rented sector, identified the objectives that the proposed additional HMO licensing scheme would help the Council achieve and alternatives to licensing which had been considered.

(3)       Having considered and noted the matters at (1) and (2) above and using the powers under s.56 Housing Act 2004, to agree to designate a new Additional Licensing area of the whole of the London Borough of Brent from 02 February 2026 or at a later date in accordance with the statutory time required for the scheme to come into force as delineated and edged red on the map in the draft designation attached as Appendix 5 to the report.

(4)       To authorise the Corporate Director of Resident and Housing Services, subject to statutory notifications, to determine an alternative start date for accepting applications for selective licensing, if necessary.

(5)       To agree to the proposed licensing scheme objectives as set out in Appendix 6 of the report.

(6)       To agree the proposed HMO licensing conditions that would accompany any granted HMO licence as set out in Appendix 7 of the report.

(7)       To agree the proposed fee structure for licence applications made under the additional HMO licensing scheme as set out within Appendix 8 of the report.

(8)       Following on from (7) above, to agree to apply the same proposed fee structure to mandatory HMO licenses applications noting that for mandatory licensing, there is no statutory duty to consult on fees.

(9)       To note, in terms of the decisions made, that due regard had been taken of the Equality Analysis as detailed within Appendix 9 of the report.

(10)    To agree to delegate authority to the Director of Housing Services to issue the required statutory notifications in relation to the designation and, in consultation with the Cabinet Member, to ensure compliance in all respects with all relevant procedures and formalities applicable to authorisation of the scheme; to keep the proposed scheme under review during the designation lifetime and agree any changes to the proposed implementation and delivery, including administration, fees and conditions as necessary for the effective administration of the scheme, and give all necessary statutory notifications.

(11)    To agree to delegate authority to the Director of Housing Services to approve the carry forward of any surplus or deficits to the established ring-fenced trading account as and when necessary, subject to consultation with the Chief Finance Officer.

Eligible for call-in: Yes

Deadline for submission of call-in: 6pm on Monday 20 October 25

Councillor Donnelly-Jackson (as Cabinet Member for Housing) introduced a report from the Corporate Director Resident & Housing Services seeking approval to the designation of a new additional HMO licensing scheme to the whole area of the borough, with effect from 2 February 2026 (or later date) in accordance with the statutory timescale required for the scheme to come into force.  As part of the report, details were also providedon the outcome of the consultation process undertaken with landlords, tenants, residents, stakeholders and other interested parties to inform the process.

In presenting the report, Councillor Donnelly-Jackson advised that the designation being sought was for renewal (for a further five years) of the borough-wide Additional Licensing Scheme for smaller Houses in Multiple Occupation (HMOs).  Highlighting that Brent’s private rented sector now accounted for over a third of all homes, housing around 100,000 residents across the borough, the opportunity was taken to remind members of the significant benefits delivered through the existing scheme.  These had included a fall in complaints, stronger enforcement to address rogue landlords, with many landlords now working constructively with the Council, and improved compliance with fire-safety and energy standards.

Whilst recognising the provision of a safe, secure home as an essential foundation in life, and progress made in raising standards across Brent’s private rented sector through introduction of the Additional Licensing Scheme a number of significant challenges were also identified as needing to be addressed with overcrowding, poor maintenance and unfair practices still acknowledged as affecting many tenants in the private rented sector.  As such, it was pointed out that renewal of the scheme had been designed to enable the Council to maintain pressure on those neglecting their responsibilities while supporting landlords who upheld them in a way that recognised the need for fairness and dignity based on the principle that everyone, whatever their income or background, deserved to live in a safe, well-managed home.  Through licensing, enforcement and education it was felt the approach outlined demonstrated how Brent was setting that standard and seeking to stand up and protect the rights of tenants in the private rented sector.

In support of the approach outlined and importance of the scheme in safeguarding the rights and living standards of private renters across the borough, members also welcomed the wider benefits identified in relation to the management and regulation of HMOs in terms of driving up standards particularly were HMOs were identified as posing a risk to the health, safety and wellbeing of tenants or causing problems for neighbours in terms of litter and anti-social behaviour.

In noting the evidence base and response to the statutory consultation undertaken in relation to the proposed renewal of the scheme members also recognised its alignment with key priorities and objectives in the Borough Plan in terms of tackling poor housing conditions and improving the quality of the private rented sector.  Whilst welcoming the ability the scheme provided to be able to hold landlords to account for those properties being managed in a substandard or potentially dangerous way, members were also keen to acknowledge the constructive engagement and work being undertaken through the scheme with the many responsible landlords across the borough in order to develop and provide a fairer housing market and deliver the security and safeguards required by tenants.

In commending the positive outcomes delivered by the scheme to date, all those involved in its delivery, renewal and support being provided to landlords were thanked for their efforts and having considered the report and supporting appendices, Cabinet RESOLVED:

(1)       To note the outcome of the consultation process detailed in the Consultation Report (attached as Appendix 1to the report), the representations received and the Council’s consideration and response to those representations (attached as Appendix 2 to the report).

(2)       To note that the document to support undertaking the public consultation (consultation evidence pack - attached as Appendix 3 to the report) and Housing Conditions and Stressors Report (attached as Appendix 4 to the report) highlighted the scale of problems relating to poorly managed HMOs in the private rented sector, identified the objectives that the proposed additional HMO licensing scheme would help the Council achieve and alternatives to licensing which had been considered.

(3)       Having considered and noted the matters at (1) and (2) above and using the powers under s.56 Housing Act 2004, to agree to designate a new Additional Licensing area of the whole of the London Borough of Brent from 02 February 2026 or at a later date in accordance with the statutory time required for the scheme to come into force as delineated and edged red on the map in the draft designation attached as Appendix 5 to the report.

(4)       To authorise the Corporate Director of Resident and Housing Services, subject to statutory notifications, to determine an alternative start date for accepting applications for selective licensing, if necessary.

(5)       To agree to the proposed licensing scheme objectives as set out in Appendix 6 of the report.

(6)       To agree the proposed HMO licensing conditions that would accompany any granted HMO licence as set out in Appendix 7 of the report.

(7)       To agree the proposed fee structure for licence applications made under the additional HMO licensing scheme as set out within Appendix 8 of the report.

(8)       Following on from (7) above, to agree to apply the same proposed fee structure to mandatory HMO licenses applications noting that for mandatory licensing, there is no statutory duty to consult on fees.

(9)       To note, in terms of the decisions made, that due regard had been taken of the Equality Analysis as detailed within Appendix 9 of the report.

(10)    To agree to delegate authority to the Director of Housing Services to issue the required statutory notifications in relation to the designation and, in consultation with the Cabinet Member, to ensure compliance in all respects with all relevant procedures and formalities applicable to authorisation of the scheme; to keep the proposed scheme under review during the designation lifetime and agree any changes to the proposed implementation and delivery, including administration, fees and conditions as necessary for the effective administration of the scheme, and give all necessary statutory notifications.

(11)    To agree to delegate authority to the Director of Housing Services to approve the carry forward of any surplus or deficits to the established ring-fenced trading account as and when necessary, subject to consultation with the Chief Finance Officer.