Agenda item

(A briefing note by Jonathan Challen – Safer Communities Service Manager)

The Committee received a comprehensive update from the Safer Communities Service Manager and the Housing Standards Team Leader regarding the Council’s approach to regulating Houses in Multiple Occupation (HMOs), including current enforcement practices and anticipated legislative changes under the forthcoming Renters’ Rights Bill.

Members were provided with an overview of the Housing Health and Safety Rating System (HHSRS), which underpinned the Council’s enforcement powers. Officers explained the distinction between Category 1 hazards, which required mandatory intervention, and Category 2 hazards, which allowed for discretionary enforcement. The range of available enforcement tools included hazard awareness notices, improvement notices, prohibition orders, and emergency prohibition orders and emergency remedial action.

It was noted that HMOs present heightened risks due to shared living arrangements and the potential for overcrowding, fire hazards, and poor property conditions. Officers outlined the criteria for mandatory licensing, which applied to properties occupied by five or more individuals forming two or more households. The Council also monitored non-licensable HMOs to ensure compliance with minimum standards and management regulations.

The Committee was informed of the challenges in identifying unlicensed HMOs and the limitations of current legislation. Officers explained the potential benefits of additional and selective licensing schemes, which had been adopted in other local authorities to address concentrations of poor-quality housing and anti-social behaviour. However, it was acknowledged that such schemes required a robust evidence base and significant financial investment to implement.

The forthcoming Renters’ Rights Bill was highlighted as a major reform, introducing a national landlord database, enhanced investigatory powers, increased civil penalties, and extended rent repayment orders. The Bill also proposed new offences, including unlawful eviction, and aimed to improve tenant protections across the private rented sector. Officers advised that statutory guidance was expected later in the year, with implementation anticipated in 2026.

Members discussed the report and commented as follows:

·         It was noted that the number and concentration of HMOs in certain areas of the borough had increased significantly, leading to concerns about overdevelopment, loss of community cohesion, and pressure on local infrastructure such as parking.

·         Members suggested that the Council should explore the introduction of planning controls, such as Article 4 Directions, to manage the proliferation of HMOs and ensure that new developments were appropriately located and balanced within the wider community.

·         The importance of maintaining the external appearance of HMO properties was highlighted. It was observed that poor maintenance and visual dilapidation negatively affected the character of neighbourhoods. While internal conditions were regulated, it was acknowledged that external standards were unable to be enforced when primarily revolving around the appearance/aesthetics of a dwelling.

·         Concerns were expressed about the role of letting agents, particularly where they acted as intermediaries between landlords and tenants. It was felt that agents should be held accountable for property standards where they had management responsibilities, and that enforcement should reflect this.

·         The issue of overcrowding was raised, particularly in cases where extended families or multiple households occupied a single property. Members questioned how such situations were assessed and what enforcement options were available when properties were technically compliant but clearly unsuitable for the number of occupants.

·         The Committee discussed the challenges of identifying unlicensed HMOs and the limitations of current legislation. It was noted that some properties operated below the licensing threshold but still posed risks to occupants and the wider community.

·         The forthcoming Renters’ Rights Bill was welcomed as a significant step forward in improving standards and accountability in the private rented sector. However, concerns were raised about the Council’s capacity to implement and enforce the new provisions, particularly in the absence of additional resources.

·         Members supported the continuation of proactive inspection work and welcomed the collaborative approach taken with Lincolnshire Fire and Rescue and Lincolnshire Police. It was suggested that further investment in enforcement capacity would be necessary to meet future demand.

·         The potential for using revenue funding from other programmes, such as the Plan for Neighbourhoods, to support housing enforcement and neighbourhood improvement initiatives was also discussed.

The Committee acknowledged the complexity of the issues and the need for a balanced approach that supported responsible landlords while protecting tenants and the wider community. It was agreed that further consideration should be given to the potential for additional licensing schemes and planning controls, and that the matter should be revisited following the publication of statutory guidance under the Renters’ Rights Bill.

The Chairman thanked officers for providing members with a very detailed report.

Resolved:

That the update be noted.

[Councillor Suzanne Welberry left the meeting at 8.01 pm, during consideration of the above item.]

[The Councillor Stephen Woodliffe, the Safer Communities Service Manager and the Housing Standards Team Leader left the meeting at 8.17 pm, following consideration of the above item.]