Harrogate Borough Council
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HMO Licensing Procedure
Anyone who owns or manages an HMO that must be licensed has to apply to the Council for a licence.
The Council must give a licence if it is satisfied that:
- The HMO is reasonably suitable for occupation by the number of people allowed under the licence
- The proposed licence holder is a fit and proper person
- The proposed licence holder is the most appropriate person to hold the licence
- The proposed manager, if there is one, is a 'fit and proper person'
- The proposed management arrangements are satisfactory
- The person involved in the management of the HMO is competent
- The financial structures for the management are suitable
The Meaning of Fit and Proper Person
The Council has to be satisfied that the person applying for the licence is a fit and proper person.
In deciding whether someone is fit and proper the Council must take into account:
- Any previous convictions relating to violence, sexual offences, drugs and fraud
- Whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues
- Whether the person has been found guilty of unlawful discrimination
- Whether the person has previously managed HMOs that have broken any approved code of practice
It is advisable for the landlord or manager to be a member of a professionally recognised body, or an approved landlords association that is affiliated to the National Federation of Residential Landlords.
The licence will specify the maximum number of people who may live in a HMO. It will also include conditions concerning the following, which apply to every licence:
- a valid current gas safety certificate, which is renewed annually, must be provided
- all electrical appliances and furniture are kept in a safe condition
- all smoke alarms are correctly positioned and installed
- each occupier must have a written statement of the terms on which they occupy the property, for example, a tenancy agreement
Councils may also apply the following conditions:
- restrictions or prohibitions on the use of parts of the HMO by occupants
- a requirement that the condition of the property, its contents, such as furniture and all facilities and amenities, bathroom and toilets for example, are in good working order
- a requirement for specified works or repairs to be carried out within a particular timeframe
- a requirement that the responsible person attends an approved training course
Duration and Cost of a Licence
A licence will normally last for a maximum of five years, although it can be for a shorter period.
Landlords will have to pay a fee to cover the costs of the licence procedure.