Private rented properties

Licence issue date

1. Issued licences will start from the date an application has been duly made, which is when the Part A payment and the valid documents have been received.
2. Licences will not be issued until the necessary checks have been completed, but they will be back dated to the date the application was deemed as duly made.

Length of licence term

1. Licences will generally last for 5 years if there has been no previous enforcement.
2. The council has some discretion as to the length of the term of a licence, except that it must not exceed a 5-year period. In exercising its discretion, the council will look at the circumstances of each case and will take account of any factors relating to the proposed licence holder/manager or to the management or financial arrangements, or the use, condition, or occupation of the property itself, that indicate that it would not be appropriate to grant a full-term licence.  If this is proposed, the licence holder will have the opportunity to make representations. 
3. Where a licence has been issued for a reduced term, the same fee would apply on renewal.
4. If the expiry date of a licence is beyond the end of a licensing scheme, the licence will remain valid, and no new licence will need to be applied for if a new scheme is adopted until that licence expires.

Previously unlicensed properties

1. If a property is found to have been unlicensed for less than 3 months before an application is made, the licence may be issued for a reduced term of 5 years minus the number of months unlicensed.

2. If a property is found to have been unlicensed for more than 3 months before an application is made, the licence will be issued for a reduced term of 1 year and in addition a notice of intention to issue a civil penalty notice for failing to licence may be served. No discount on the licence fee will be applicable.

3. If an application is received after 14 days of a warning letter, or after a notice of intention to issue a civil penalty notice for failing to licence is served, the licence may be issued for a reduced term of 1 year and in addition a final penalty notice may be served for failure to licence, irrespective of how long the property has been unlicensed.  No discount on the licence fee will be applicable.

Licence renewals

1. If a renewal is not made within 1 month of expiry, the new licence will be issued for a further one year only.
2. For renewal of one-year licences, the Council will check if there have been any justified complaints regarding disrepair or management over the previous 12 months. If there have not been any valid complaints received regarding disrepair or poor management, a 5-year licence will then be issued.  A new inspection may be undertaken.

Fit and proper checks and satisfactory management arrangements

1. Checks will be carried out to ensure the licence holder is a fit and proper person to hold a licence. 
2. The council may refuse or revoke a licence if the proposed licence holder is not a fit and proper person to be the licence holder or manager of the property, or if the management arrangements are unsatisfactory.
3. In deciding whether someone is a fit and proper person, the council will have regard to evidence that they have:
   • committed any offence involving fraud or other dishonesty, or violence or drugs and any offence listed in Schedule 3 to the Sexual Offences At 2003
   • practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business
   • contravened any provision of the law relating to housing or of landlord and tenant law which includes if a Housing Act statutory notice has been served, if works in default have been carried out in default, if there has been a prosecution or civil penalty notice issued, if there has been breach of planning legislation, or had a licence revoked or refused
   • acted otherwise than in accordance with any applicable code of practice with regard to the management of properties or standard of conduct
   • a Banning Order in force
4. In deciding whether the proposed management arrangements for the property are satisfactory, the council will have regard to:
   • whether any person proposed to be involved in the management of the property has a sufficient level of competence to be so involved
   • whether any person to be involved in the management of the property if a fit and proper person to be so involved
   • whether any proposed management structures and funding arrangements are suitable
5. The council may consult with other services and agencies and may use any information contained within the database of rogue landlords and property agents.

Refused or revoked licences

1. If a licence holder is refused a licence, or they have their licence revoked, they can decide to step away from all management of the property and appoint a managing agent or other competent person to make a new licence application for 5 years and take on full responsibility.
2. If the licence holder changes during the 5 year period, the new proposed licence holder would need to make a new application. 
3. No refunds are issued if the licence holder changes.

Transfer of licences

Licences are not transferable. If a person wants to become the new licence holder for a property, the current licence will be revoked and the new proposed licence holder must apply and pay for a new licence to enable ‘fit and proper’ checks to be completed.