Public Consultation - Civil Penalties Policy 2018 - Closing date Friday 22nd February 2019

Have your say - we invite your comments on Basildon Council's new draft Civil Penalties Policy 2018. Once formally adopted, the new Civil Penalties Policy will provide the guidelines and powers necessary for Basildon Council to deal with private sector landlords found guilty of committing offences under the terms of the Housing Act 2004.

See full details and send us your comments online here...>>.

As of 1st October 2018, every HMO occupied by five or more people and forming two or more separate households will require a licence regardless of the number of storey's at the property.

This replaces previous requirements, where an HMO licence was only required for a property comprising of three or more storey's.

The HMO Licence Application Process

The following steps explain how to apply for an HMO Licence and the process an application will go through before a licence is granted.

Step 1 - Submit an application

Applicants must complete and submit a separate application form for each HMO that needs a licence.

    How to apply

    Application forms can be downloaded from the GOV.UK website which includes easy to follow 'how to' guidance, see:

    Application forms on the GOV.UK website can either be:

    • Completed and submitted online from the GOV.UK web page which will ask for online payment of application fees by credit or debit card and for additional supporting documentation to be attached, (i.e.) Floor plans, Fire risk assessment and Accredited landlord certificate.
    • or... downloaded and then printed and completed by hand for return to us, with application fees and supporting documentation, by post to:
    HMO Licensing
    Environmental Health Services
    Basildon Borough Council
    The Basildon Centre
    St Martin's Square
    Basildon
    Essex
    SS14 1DL

    Alternatively you can contact the Environmental Health service and ask for an HMO Licence application to be sent to you.

    Please allow 8-10 weeks from the date of submission for your licence application to be processed - this may vary depending on demand.

    PLEASE NOTE: only valid applications will be processed. A valid application must include the following documents:

    • A completed application form
    • Floor plans (ideally with fire precaution measures clearly marked)
    • Current gas safety record
    • Fire risk assessment
    • Appropriate application fee
    • Accredited Landlord Certificate (where applicable).
    • Current Electrical Installation Condition Report from a suitable qualified person within the last 5 years.
    • Fire alarm test certificate.
    • Portable Appliance Test certificate (PAT) - for appliances provided by the landlord/manager.
    • Emergency lighting certificate (if applicable).
    • Current Energy Performance Certificate (EPC).  From 1st April 2018, private rented properties must achieve an energy performance rating of "E" or above.
    • You may be asked to provide a legionella risk assessment carried out by a suitable competent person.

      Step 2 - Acknowledgement of application

      Once a completed application and correct fee has been received we will send you an acknowledgement and then contact the person you have designated (if not you) and arrange to inspect the property - access to all rooms and communal areas is required.

      Step 3 - Property inspection

      A property inspection will be carried out by the Environmental Health team.

      Step 4 - List of works needed (if necessary)

      A list of required works (if appropriate) will be sent to the applicant.

      Step 5 - Check of the applicant's credentials

      Basildon Council will decide if the applicant is a 'fit and proper person'  Convictions relating to housing law, violence, sexual, drug and fraud offences or unlawful discrimination will be taken into account.  Submitted documents (e.g., landlord accreditation certificate, gas safety record etc.) will be examined.

      Step 6 - Issue of the 'draft' licence for representation

      Once suitability of the property and licence holder is determined, a draft licence will be sent to you and any relevant parties for comment (e.g. mortgage company).  Representations must be made within 14 days.

      Step 7 - Review of representations

      If representations are received, the Council will consider them and amend the licence if appropriate and Step 6 is repeated.  If no representations are made, the licence is not amended.

      Step 8 - Issue of HMO licence

      Basildon Council will issue the licence that includes mandatory and discretionary conditions. A copy must be displayed in the property. Details will be entered into the public register including the property name and address and licence holder name, address and contact details.

      HMO Licence application fees

      HMO Licence application fees per property:

      • £161.30 per unit of accommodation (each sleeping room).
      • This may be split into £110.00 on application followed by £51.30 post granting of the licence.

      The fee is reduced if the proposed licence holder can prove accredited membership of a landlord accreditation scheme:

      • £80.65 per unit of accommodation (each sleeping room).
      • This may be split into £55.00 on application followed by £25.65 post granting of the licence.

      More information can be found in The Council's Icon for pdf Schedule of fees and charges [504.05KB]. (Page 70)

      Important, please note the following:-

      An HMO licence will only be granted if:

      • the property is or can be made suitable for multiple occupation.
      • the applicant is a fit and proper person and most appropriate to hold the licence.
      • the proposed manager has control of the property and is a fit and proper person to be the manager.
      • the management arrangements are satisfactory.

      Tacit Consent does not apply.  It is in the public interest that the Council must process your application before it can be granted.  If you have not heard from us within a reasonable period, please contact us.

      If your application is refused and you wish to appeal, please contact us in the first instance.  Appeals must be made to a first tier tribunal within 28 days of the decision being made.

      Once your licence has been granted, the details will be entered onto the public register. You cannot transfer a licence. If you sell your HMO, the new owner will have to apply for a licence of their own.