Issue - decisions
Selective Licensing in the Private Rented Sector in Brent 2023
18/04/2023 - Selective Licensing in the Private Rented Sector in Brent 2023
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
(11) To agree that, subject to the issue of statutory notifications, that the Corporate Director of Residents Services, in consultation with the Cabinet Member for Housing, Homelessness & Renters Security is authorised to decide the date from which the council will begin to accept applications for selective licensing.
(12) To agree to the proposed fee structure for licence applications made under the Selective Licensing scheme set out in Appendix 7 and in section 9of the report.
(13) 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.
(14) To agree that the standard licensing conditions for licences granted in the proposed designation areas for selective licensing as set out in Appendix 8 of the report be approved 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.
(15) 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.
(16) To note the letters of support for the licensing proposals as attached in Appendix 10 of the report.
(17) To note that a further report will be brought to Cabinet in 2023 regarding any further proposed designation.