Public Notice for Additional Licensing Scheme
The Royal Borough of Kingston upon Thames
Designated Area Additional Licensing
(Houses in Multiple Occupation)
Scheme 2006
Notice
Notice is hereby given that the Royal Borough of Kingston upon Thames is deemed to have designated an additional licensing scheme in respect of Houses in Multiple Occupation in the designated area of the whole of the Borough of Kingston Upon Thames. This scheme will be known as The Royal Borough of Kingston Upon Thames Designated Area Additional Licensing ( Houses in Multiple Occupation ) Scheme 2006 (the Scheme). This is in accordance with Sections 56 to 60 of the Housing Act 2004, The Housing Act 2004 (Commencement No. 5 and Transitional Provisions and Savings)(England) Order 2006, and paragraphs (a), (b) and (c) of Regulation 9 (2) of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006.
This Scheme is made and approved in accordance with the decision made by the Council’s Executive meeting held on 18 October 2005 (Minute No. 69/10/05).
The Scheme was deemed to have been made on 6 April 2006 and will cease to have effect on 6th April 2009.
The Scheme applies to all Houses in Multiple Occupation ( HMOs) within the Borough except those of the description set out in the Schedule below.
Also, it does not apply to:-
(i) HMOs subject to mandatory licensing under Part 2 of the Housing Act 2004;
(ii) HMOs which are no longer houses in multiple occupation under the new definition of HMO contained in the 2004 Act; and
(iii) Relevant converted blocks of flats to which the Royal Borough of Kingston upon Thames (Registration of Houses in Multiple Occupation) Control Scheme 1997 still applies
Any landlord, person managing or tenant within the borough should seek advice from the Authority on whether their property is affected by the designation.
A person having control of or managing an HMO in the designated area must apply to this Authority for a licence for the HMO by 5 July 2006.
A person who intends to establish an HMO after 5 July 2006 must ensure that the house has been granted a licence by this Authority unless they have a Temporary Exemption or it is subject to a Management Order (interim or final).
Failure to apply for a licence is an offence under Section 72(1) of the Housing Act 2004 for which a person may be fined up to £20,000.
For an application to be considered it must provide prescribed particulars and must be accompanied by the required fee, the amount of which will depend on the number of habitable rooms let or available for letting in the HMO concerned.
Application forms setting out the particulars required and the fee payable and particulars of the Scheme may be collected during office hours (Mondays to Fridays, between 9.00 am and 5.00 pm) from :
Environmental Health
3rd Floor,
Guildhall
High Street
Kingston upon Thames
KT1 1EU
or requested in writing to that address or by telephoning 020 8547 5549 or emailing EHAdmin@rbk.kingston.gov.uk and an application pack will be sent to you.
A copy of the Scheme is available for public inspection at Environmental Health at the address and times set out above.
Everything you need should be in the licence application pack but if you require any further information, enquiries concerning the Scheme may be made by telephoning 020 8547 5549.
16 May 2006
R. G. Smart
Borough Environmental Health Officer
Royal Borough of Kingston upon Thames
Guildhall
Kingston upon Thames
KT1 1EU.
Schedule
Exclusions
This scheme shall not apply to -
(a) any house in which the authority has an interest, whether freehold or leasehold and any building where the responsible person is a local authority;
(b) any building where the responsible person is a social landlord registered in accordance with Part I of the Housing Act 1996;
(c) any building subject to a control order made under section 379 of the 1985 Act;
(d) any building used as a children’s home or community home which is registered or provided under the Children Act 1989;
(e) any building where the responsible person is a police authority established under section 3 of the Police Act 1996 as amended;
(f) any building where the responsible person is the Metropolitan Police Authority established under section 5B of that Act;
(g) any building where the responsible person is a fire and rescue authority under the Fire and Rescue Services Act 2004;
(h) any building where the responsible person is a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990;
(i) any building approved by the Secretary of State under section 27 of the Probation Services Act 1993;
(j) any building registered under the Registered Homes Act 1984 as amended ( Registered Homes (Amendment) Act 1991 brought into force on 1 April 1993 by 1992/2240 The Registered Homes (Amendment) Act 1991 (Commencement) Order 1992 );
(k) any other building whose occupation is regulated otherwise than by or under the 2004 Act and which is of a description specified for the purposes of this paragraph in regulations made by the appropriate national authority;
(l) any building where the responsible person is:-
(i) a university or other institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992 or a college or other institution in the nature of a college in such a university or other institution;
(ii) an institution within the further education sector within the meaning given by section 91(3) of that Act; or
(iii) an institution which provides a course qualifying for funding under Part 1 of the Education Act 1994.
Buildings occupied by religious communities
Any building which is occupied principally for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering.
Buildings occupied by owners
Any building which is occupied by no more than three persons in addition to the responsible person and any other member of his household.