By Steve Roulstone
I am not one to look at matters with a doom and gloom outlook, but I do believe in being factual about the outcome of actions when there is a danger that there could be far reaching implications of a change to legislation, or changes carried out by any legislative body, as is the case with the decision by Oxford City Council in reference to ALL of the Houses of Multiple Occupation within the City.
The decision.
What they have done, is to decide that every property that falls under the description of an HMO will, on a timetable spread across the next two years, need to be licensed by the owner with the Council, in order to improve the standard of the property and in order to receive approval from the Council to continue to operate as an HMO.
What is an HMO?
The HMO’s which fall under Mandatory Licensing are those under the three storey and five people rule, but any property where more than two unrelated people abide as their main residence, is an HMO as designated by the 2004 Housing Act. Not as so often been mistaken in the past, mandatory licensed property only. Indeed, the legislation confirms that all HMO’s are subject to exactly the same safety regulation inspection as the licensed properties. And this is the potential problem for every Landlord who operates Houses of Multiple Occupation.
The implications
This applies on two fronts, firstly the charges for licensing every property, as every license has to be paid for by the Landlord, are set by each local Council respectively, so charges can both vary and are entirely at the whim of the Council’s concerned. Reports for Oxford state that this number could be as many as 4000 properties in the City. Should they decide to charge the average cost as confirmed by a Communities and Local Government survey (Executive Summary) £387 per application (The range goes as high as £1500 per application) then Oxford City Council at a time of great austerity, would raise a total of £1.5 Million. Even allowing for the stated intent of the act that charges should reflect the cost, this kind of income has to be looked at seriously. (Although what should happen with a major increase in licenses to be issued is a reduction of the average cost) It does not take a huge leap of faith to see how much this could interest any Local Council at present as Local Councillors struggle to cope with achieving budget targets imposed by Government. (At a time when suggestions such as heating swimming pools with heat generated by crematoriums are being put forward and seriously looked at, all such methods of income are bound to be considered) Secondly, the result of any inspection by the local Council, may not result in lifts and fire escapes all round, but my experience is that minor recommendations, such as fire doors and walls when deemed necessary, could result in costs up to £1000 per property with ease.
Who pays?
Well this is where the effects of any such move are always badly judged in my opinion, because whilst the bill will of course become the Landlords, the costs are almost bound to be passed on to the Tenants. Especially where there is knowledge that every rental property is being treated in the same way! So improved accommodation is the stated desire, increased rents is the effect, but unusually for me, I would finish by repeating the warning, Landlords beware, Licensing may be just around the corner for your HMO, even if it is a Bungalow or any other form of ground floor accommodation!
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