Landlord Licensing

Tower Hamlets Council

Landlord Licensing (Selective)

Guidance notes on how to fill out an online application form

Health and Housing Team Environmental Health and Trading Standards services

If you require more information on this please contact us at:

Health and Housing (landlord licensing) Environmental Health and Trading Standards service John Onslow House 1 Ewart Place London E3 5EQ Telephone: 020 7364 5008 Email: [email protected]

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Landlord Licence

Selective Licence Selective licensing is intended to improve the standard of privately licensed property and reduce the impact of anti-social tenants within the following areas: Spitalfields & Banglatown, Weavers and Whitechapel. Link to a map showing the affected areas All private landlords with properties in these areas must apply for a licence. If they don’t, or if they do not meet management standards, the authority can take enforcement action. Link for the fees schedule that applies to Selective Licensing This will apply from the 1st October 2016, regardless of the commencement of the Tenancy. Apply for Selective Licence

Mandatory HMO Licence Mandatory HMO Licensing applies to all large properties in multiple occupancy (i.e. more than 2 storeys, 5 or more individuals comprising 2 or more households) within the whole of the Borough of Tower Hamlets. Apply for Mandatory HMO Licence Please click below for guidance on how to complete this application Application Guidance

It is an offence for a private landlord to let a property within a designated area without a licence. Failure to licence a property, if required, may lead to prosecution and a fine that is unlimited.

Before starting an online application, please be note that online application is NOT compatible with tablets – and is only compatible with windows 10/11 on firefox

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Selective licensing of residential accommodation under Part 3 of the Housing Act 2004 is intended to respond to the problems of anti-social behaviour (ASB) and improve housing conditions. London Borough of Tower Hamlets (LBTH) is implementing this scheme on 1st October 2016. It applies to all private rented properties within the designated area of the borough that are not a Mandatory House in Multiple Occupation. It is a tool to deliver sustainable improvements to private rented accommodation increasing the quality of existing stock in the private rented sector in terms of both physical conditions and management standards.

The designated areas are Spitalfields & Banglatown, Weavers and Whitechapel. Once you have read the important information below, click ‘Next’ to apply for a licence.

What you, as a Management Agent or proposed licence holder can do now

Landlord Licensing – affecting the Whitechapel, Weavers, Spitalfields and Banglatown area

To enable a licence application to be made to the Council form the 1st October 2016 - you will require the following information for each property that requires a licence. We advise you to consider collecting the following information before you start the application process. • Full postal address of the property that will require a licence • Determine who the licence holder will be – an individual or company • Determine who will be the manager of the property • know the property design i.e. number of floors, construction, age, property type • Details of freeholder/leaseholder • Details of rent collector • Mortgage holder and Account Number, if relevant • Position and number of smoke detectors • If solid fuel burners provided, position of Carbon Monoxide detectors • Previous convictions of the proposed licence holder • Previous convictions of manager • Previous convictions of associates of the licence holder and manager • Details of who carries out repairs • Number of rooms and amenities • Any relevant fire safety certificates for fire alarms/ emergency lighting • Confirmation that any soft furnishings comply with The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993) • Annual Gas Safety certificate • Confirmation that any electrical appliances are safe and fixed installation certificate of safety • Any other rented property licensed to the proposed licence holder

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Type of Application Please click on the link to the application form you wish to complete. The options are:

1. Apply for a Selective Property Licence 2. Apply for a Property Licence Temporary Exemption

Apply for a Private Rented Property Licence To complete the application form you will need to have the required information and documentation to hand before starting. Ensure you have all necessary information and documentation before proceeding.

If you are applying for a Mandatory HMO licence, please select the Mandatory HMO licensing online application.

This only applies to properties which are three storeys or above, with five or more persons in a two or more households and sharing facilities or amenities.

Log-In to My Services using your Email Address and Password

Before starting the application be aware that:

You should only use Save and Close button if you wish to come out of the form i.e you may want to save in the middle of application and have not completed yet. You will be able to retrieve the incomplete application form after you have saved and close.

All mandatory fields are marked with an asterisk*, you must complete these fields to progress through the form. * red asterisk, are compulsory fields and MUST be filled in – otherwise you are unable to progress any further into the application form

This is the information ICON – if you click on this, further information/explanatory notes about the question will expand

The ‘store details for later use’ Icon will store your information and can be retrieve at a later date.

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Glossary

Applicant (normally this is the person completing the application form)

The person/organisation who will take legal responsibility for the information given in the application. The person/organisation who should be contacted if there are any anomalies.

Manager of the Property (with responsibility for maintenance and tenants)

The person/organisation who manages the property. This may include activities such as maintenance and rent collection.

Freeholder (owner of the property)

The person who owns the title to the property

If there are multiple freeholders you must add the additional freeholders details to the Other Interested Parties page, later in this application

Leaseholder (holds the lease on the property)

This is the person who holds a lease on the house or flat. This is usually a long term lease (99-999 years) but can be shorter. The leaseholder will have a contract with the freeholder which lays down the legal responsibilities of both parties.

If there are multiple leaseholders you must add the additional leaseholders details to the Other Interested Parties page, later in this application

Rent collector (the person who collects or receives the rent)

This is the person who collects or receives the rent.

Responsible for repairs

Responsibility for repairs on the property.

Please note: Data Protection and Public Register Information All of the information provided in the application form will be handled in accordance with the provisions of the Data Protection Act 1998. We are obliged to publish information in respect of each licence granted under Part 3 of The Housing Act 2004. Some of the information you provide will be entered into a public register but only to the extent required by law. This means that a

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– Click Save and Close all the way through if incomplete so you will not lose the information Address of Property to be Licensed

Be aware that postcodes must be within the Selective Licensing areas in LBTH. Properties with postcodes outside of the borough are not eligible to be licenced through LBTH and your application will not be processed.

This must be the property you are intending to license – you can only make one application per property. If you have multiple properties, then you must submit separation application form for each property.

Use the house ICON to find the property address.

Details for Proposed Licence Holder

The person or organisation whose name will be on the licence. The licence holder must be the person or organisation who is responsible for managing and is in control of the property. The licence holder should be able to authorise, organise and pay for essential repairs to the property. They must be available to the tenants should questions or problems arise in respect of the property, and must have the means to resolve them where reasonably practical.

The Licence Holder must be a UK resident with a valid UK postcode. There should only be one licence holder – i.e if you are a couple wishing to apply together, you must decide who should be on the licence holder

Please note that the proposed licence holder must be a fit and proper person – please see the section regarding fit and proper person declaration and declare any other properties that have been licensed in other boroughs. This could be any licensing schemes including mandatory, additional and selective licensing.

Identify and select the legal status of the proposed licence holder. The options are:

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Where the proposed licence holder is an individual and does not fulfil the other roles, you will, as applicable, proceed to pages requesting information about The Applicant, The Manager of The Property, The Owner of the Property, The Rent Collector and the Mortgage Provider.

If the proposed licence holder is a company, you must provide the address of the registered office and the names of the company secretary and directors.

If the proposed licence holder is a partnership or trust, you must provide the names of all the partners and trustees.

Contact Details for the Proposed Licence Holder

Please enter the name, date of birth (must be 18 years or over), address and contact details of the proposed licence holder. You need to enter these now even if they are the same as the details provided in your registration. The Licence Holder must be a UK resident with a valid UK postcode.

If the proposed licence holder is an organisation, please fill the first and last name fields with the name of the organisation and the date of birth field with an age greater than 18 years old.

If the proposed licence holder is going to hold more than one licence please store these details for later use, this will save you time on this and further applications.

If the Proposed licence holder is going to be listed on more than one licence please store these details for later use, this will save you time on your next application.

Details for Applicant

The person who will take legal responsibility for the information given in the application. The person who should be contacted if there are any anomalies.

If you are the person filling in this application form, then you are the ‘applicant’ (this not necessary the proposed licence holder. As the applicant you are required to complete every part of the application form and sign the declaration at the end of the forms, confirming that the information you have provided is correct. 7 | P a g e L o n d o n B o r o u g h o f T o w e r H a m l e t s D:\Docs\2017-12-30\0c9ba67c0f7e5e3c5e84a94cfc7014c1.docx We understand that in some instances, the applicant may have no legal interest in the property, and may simply be completing the form on behalf of a relative or friend for example. If this is the case, please state this on the form.

Identify and select the legal status of the applicant. The options are:

 A Individual person  A Company  A Partnership  A public sector body  Another type of organisation

Please enter your name, date of birth, address and contact details. It is necessary to collect the details of the person completing the application even if you will have no further interest with the licence or the property. You need to enter or retrieve these now even if they are the same as details provided previously.

If you have already stored your details you can retrieve them by clicking:

Details for Manager

The person who manages the property. This may include activities such as maintenance and rent collection.

Please enter the property managers’ title, name, date of birth, address and contact details. You need to enter or retrieve these now even if they are the same as details previously.

If you have already stored the details of the manager of the property you can retrieve them by clicking:

Identify and select the legal status of the manager. The options are:

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If a commercial agent is employed to manage the property, please indicate if they are a member of a trade body which regulates its members through a Code of Management Practice. The main regulatory bodies are the Association of Residential Letting Agents (ARLA); the Association of Residential Managing Agents (ARMA); the Royal Institute of Chartered Surveyors (RICS); the National Association of Estate Agents (NAEA); and the National Approved Lettings Scheme (NALS).

Details for Leaseholder This is the person who holds a lease on the house or flat. This is usually a long term lease (99-999 years) but can be shorter. The leaseholder will have a contract with the freeholder which lays down the legal responsibilities of both parties.

If there are multiple leaseholders you must add the additional leaseholders details to the other Interested Parties page, later in this application

Identify and select the legal status of the manager. The options are:

If the leaseholder is going to be listed on more than one licence please store these details for later use, this will save you time on your next application.

Mortgage Details

Please confirm if there is an outstanding mortgage on the property

Mortgage details are mandatory only if you still have an outstanding mortgage. Where there is an outstanding mortgage on the property you will progress to Information about the Mortgage Provider and you should continue from there.

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Where there is no outstanding mortgage on the property you will progress to Details of Other Interested Parties and you should continue from there. Double check the information you have provided and press NEXT to progress to the next page.

Information about the Mortgage Provider Please provide the name of the bank or building society, the mortgage account number, the address and contact details of the mortgage provider.

If you have previously stored the details of the mortgage provider you can retrieve them by clicking:

If the mortgage provider is going to be listed on more than one licence please store these details for later use, this will save you time on your next application.

Other Interested Parties– Click Save and Close if incomplete so you will not lose the information Interested parties form - To be loaded onto internet – please upload this information Please provide full contact details and nature of interest of any other persons that have an interest in the property.

Interested parties include all individuals or companies that have a legal interest in the property, including:

• Additional freeholders • Additional leaseholders • Additional mortgage providers • Any person who has agreed that he /she will be bound by any conditions(s) in a licence if it is granted. • Any other person who is a tenant or long leaseholder of the property or any part of it (including a flat) who is known to you, other than a statutory tenant or other tenant whose lease or tenancy is for less than 3 years (including a periodic tenancy).

Do not add details of tenants on an Assured Shorthold Tenancy Agreement of less than three years.

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 You must let certain persons know in writing that you have made this application, or give them a copy of it, as follows:  Any mortgagee of the property  Any owner of the property to which this application relates, if that is not you, such as the freeholder – and any head lessees who are known to you.  Any other person who is a tenant or leaseholder of the property or any part of it, including any flat, who is known to you, other than a statutory tenant or other tenant whose lease or tenancy is of less than three years, including a periodic tenancy.  The proposed licence holder-if that is not you  The proposed managing agent, if any-if that is not you  Any person who has agreed that he will be bound by any conditions in a licence if it is granted.

You must tell each of these people:

 Your name, address, telephone number and email address  The name, address, telephone number and email address of the proposed licence holder-if it will not be you  Confirm this is an application under Part 3 (selective licensing of other properties) of the Housing Act 2004  The address of the property it relates to  The name & address of the local authority to which the application will be made  The date the application will be submitted

Details of property to be licensed– Click Save and Close if incomplete so you will not lose the information

Please give a description of the property to be licensed. Answer all questions as much as possible including occupation. Please provide information on the type of property and how it is occupied, the type of building and date of conversion (if applicable), the approximate date the property was built, the number of storeys and residential units (of the actual property being licensed), the number of households and occupants living at the property.

A Flat can be within a residential block or above a commercial unit. It is a unit of accommodation which has a kitchen (or cooking area), bathroom, and toilet inside it for the sole use of the household. Flats have to be contained within a property with at least two storeys. This includes maisonettes which are flats containing more than one storey and may be referred to as a Flat over two storeys.

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Single Occupation refers to a property where just one household or family have sole use of the facilities.

Multiple Occupation refers to a property where more than one household or household share facilities.

A household is defined as: - A single person; or - A co-habiting couple (whether or not of the opposite sex); or - A family, including parents, grandparents, children (including foster children, step children and children being cared for), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins - Any domestic staff are also included in the household if they are living in rent free accommodation provided by the person for whom they are working

Habitable Rooms If there is more than one household (i.e multiple occupation) at the property, you will need to upload your Record of Habitable Rooms on the document upload page at the end of the application from.

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Please provide the number of properties for which the proposed licence holder already has a licence under Part 2 or 3 of the Housing Act 2004, within London Borough of Tower Hamlets and how many within other Local Authority Areas.

Licence Holders holding licences for other properties (in addition to this application) need to provide a list of all properties for which a licence is held. The list must include: the property addresses, the name of the licencing authority and the date of the licence.

Please open the proforma in icon below and list the properties that have been licensed.

To be loaded onto internet. - Additional Properties Template – Click Save and Close if incomplete so you will not lose the information Rooms and Facilities You must provide information about the number of rooms and facilities that are for exclusive or shared use by the household/s that occupy your property. Exclusive use refers to the use of a room or facility by a household. Shared use refers to the use of a room or facility by more than one household. You must enter a 0 in the field if there is no room/facility that applies.

Provide details of any facilities that are in addition to the ones already included in the rooms above. An example would be a wash hand basin that is in a bedroom rather than a bathroom.

Fire Safety You are required to provide information of the fire safety provisions there are in the property that needs to be licensed. They include fire detection and emergency lighting systems, and other fire precautions such as fire doors and a protected means of escape (i.e. staircases, landings etc). Please tick the appropriate boxes on the form to indicate what fire safety measures there are in the property.

However, some properties only require the minimum such as smoke alarms in the common parts. Therefore it is not compulsory to have the above. If you do have any of the above, please just state in this section. Declaration – Click Save and Close if incomplete so you will not lose the information The Furnishings (Fire safety) Amendment Regulations 1993 set levels of fire resistance for domestic upholstered furniture, furnishings and other

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Landlords letting residential property will be expected to ensure that any soft furniture complies with these regulations.

‘Upholstered furniture’ which is covered by the above regulations include: beds, headboards, mattresses, sofa-beds, nursery furniture, garden furniture which can be used indoors, furniture in new caravans, scatter cushions, seat pads and pillows and loose and stretch covers for furniture. You should be looking for furniture which is properly labelled as meeting the requirements of the regulations.

Any person who rents out accommodation must ensure that furniture and furnishings (e.g. sofas, beds, cushions etc.) meet set levels of fire resistance. New furniture must be permanently labelled. Any second hand furniture made after 1950 must be fire resistant and meet certain tests.

Gas Safety - Where gas is supplied to the property a current and valid Gas Safety Certificate must be provided to the council with your licence application and on an annual basis thereafter. A copy of the certificate must also be provided to the tenant. Businesses and self-employed people working on gas fittings or appliances are legally required to be registered with Gas Safe. If you need to find a registered installer, or need to check anyone’s registration, you can visit the Gas Safe website at www.gassaferegister.co.uk or telephone their Customer Services on 0800 408 5500.

Electrical Appliances - Where appliances are provided with the tenancy an annual Portable Electrical Appliances (PAT) Report must be issued by an ‘approved electrical contractor’ and be in accordance with the Institute of Electrical Engineers Code of Practice for In-Service Inspection and Testing of Electrical Equipment. A signed PAT certificate declaration is required with your licence application and annually thereafter.

An ‘approved electrical’ Contractor’ means one who is a member of one of the following organisations or registered with them as an authorised competent person: NICEIC, ECA, British Standards institute, ELECSA or NAPIT Certification Ltd.

Smoke Alarms - Smoke alarms must be installed within the property, kept in proper working order and suitably located. You must inform the Council as to any changes to type or position of smoke alarms.

Tenancy Agreements - Each tenant of the house must be provided with a written tenancy agreement detailing the terms and conditions on which they occupy the house and the licence holder must ensure they act within the responsibilities contained within the agreement and carry out all landlord functions in a proper manner. 14 | P a g e L o n d o n B o r o u g h o f T o w e r H a m l e t s D:\Docs\2017-12-30\0c9ba67c0f7e5e3c5e84a94cfc7014c1.docx Tenant References - References must be obtained for all prospective tenants in order for the licence holder to make an informed decision regarding the occupancy of the property. It is best practice that the Councils referencing service be utilised to provide references however, where a licence holder wishes to carry out their own reference checks the outcomes must be available to the Council upon request. Types of references acceptable to the Council include a minimum 5 year housing history check which takes in account things such as property damage/recharges; rent payment; and tenant behaviour. The Council do not accept credit reference and character reference as suitable for a tenancy reference check. Licensee - Fit and Proper Person Declaration – Click Save and Close if incomplete so you will not lose the information Please ensure you enter not applicable (N/A) in the text box to progress further

Under Section 88- 89 of Part 3 Housing Act 2004, you must declare the fit and proper test for requirement for licensing

Under the Housing Act 2004, the licence holder and the property manager must be ‘Fit and Proper’ persons in order to undertake the responsibilities of managing a private rented property.

The Fit and Proper person declaration applies to any person managing the premises and any director or partner in a company or organisation which owns or manages the property.

This means having no serious record of poor management or an outstanding criminal charge that is inconsistent with operating as a landlord. It helps to confirm the landlord is both reputable and capable of following good tenancy management.

To assist the Council in making proper assessments of suitability, details about previous convictions for criminal offences must be disclosed. Please complete a Fit and Proper Person Declaration for the Licence Holder and the Manager. It is necessary to complete a declaration for each person. Please select Yes or No to answer each question and in the event of an answer being Yes, provide details and date of the offence. The details to be included are; title of the charge or conviction, date of the conviction, length and date of the sentence.

Fit and Proper person – In granting a licence the Council must be satisfied that the proposed licence holder is a ‘fit and proper’ person. This requires the applicant to complete a Disclosure criminal convictions and provide it with this form. Any other person involved in the management of the property i.e. Manager or Managing Agent or other employee must also be a fit and proper person and the applicant may be asked to provide proof of this.

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• Improvement Notice under section 11 • Prohibition Order under section 20 • Hazard Awareness Notice under section 28 • Emergency Remedial Action under section 40 • Emergency Prohibition Order under section 43 • Demolition order under subsection (1) or (2) of section 265 of the Housing Act 1985 (c. 68) • Declaring the area in which the premises concerned are situated to be a clearance area by virtue of section 289(2) of that Act • Control order under Section 379 of the Housing Act 1985 in the five years preceding the date of the application • Interim management order and final management order d) Acted otherwise than in accordance with any applicable code of practice approved under section 233 of the Housing Act 2004

Grant or refusal of licence (1)Where an application in respect of a house is made to the local housing authority under section 87, the authority must either— (a)grant a licence in accordance with subsection (2), or (b)refuse to grant a licence. (2)If the authority are satisfied as to the matters mentioned in subsection (3), they may grant a licence either— (a)to the applicant, or (b)to some other person, if both he and the applicant agree. (3)The matters are— (a)that the proposed licence holder— (i)is a fit and proper person to be the licence holder, and (ii)is, out of all the persons reasonably available to be the licence holder in respect of the house, the most appropriate person to be the licence holder; (b)that the proposed manager of the house is either— (i)the person having control of the house, or 16 | P a g e L o n d o n B o r o u g h o f T o w e r H a m l e t s D:\Docs\2017-12-30\0c9ba67c0f7e5e3c5e84a94cfc7014c1.docx (ii)a person who is an agent or employee of the person having control of the house; (c)that the proposed manager of the house is a fit and proper person to be the manager of the house; and (d)that the proposed management arrangements for the house are otherwise satisfactory.

89: Tests for fitness etc. and satisfactory management arrangements (1)In deciding for the purposes of section 88(3)(a) or (c) whether a person (“P”) is a fit and proper person to be the licence holder or (as the case may be) the manager of the house, the local housing authority must have regard (among other things) to any evidence within subsection (2) or (3). (2)Evidence is within this subsection if it shows that P has— (a)committed any offence involving fraud or other dishonesty, or violence or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c. 42) (offences attracting notification requirements); (b)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; or (c)contravened any provision of the law relating to housing or of landlord and tenant law. Manager - Fit and Proper Person Declaration – Click Save and Close if incomplete so you will not lose the information The manager is also subject to the fit and proper test as the proposed licence holder and must provide full details as above.

Additional Information – Click Save and Close if incomplete so you will not lose the information This is your opportunity to give us any information which we have not asked in the online application.

Supporting Documents Where applicable the following supporting documents should be uploaded for each application, after payment has been taken:

Some documents must be uploaded with the on-line application and therefore must be in digital form before you start the application process. Accepted file types including .doc, .docx, .pdf, .xls, .xlsx. Each file must not exceed 2MB.

Selective Licensing documents

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Checklist for submitting an application You must ensure that you submit with the application form all the documents that are listed in the checklist section at the end of the form where relevant (for example not all properties will have gas appliances or fire detection systems). You must tick the appropriate boxes to inform the council which documents have been submitted.

The application will be considered incomplete if any of the required documents are not submitted at the same time as the form.

Supplementary questions – Click Save and Close if incomplete so you will not lose the information This is the last set of questions for the online form regarding occupation Was the property originally constructed for occupation by persons who do not constitute a single household? * Has the property been adapted for occupation by persons who do not constitute a single household?* Is the property inhabited by a person, or by two or more persons, who are tenants, or have a licence to occupy, only part of the dwelling?* Is the property inhabited by a person, or by two or more persons, who have a licence to occupy, but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of the dwelling as a whole?*

Payment

Once you have completed the form and uploaded all required documents, you are ready to progress onto the pay ICON which will specify the amount you are to pay as below

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You will be directed to the payment website as below – please ensure you have your correct payment details ready:

Welcome to Tower Hamlets Payments

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All fields marked * are mandatory Amount £520.00 Card Number*

The long number of the card you want to use Expiry Date* /

The expiry date shown on the card

The start date shown on the card

The issue number shown on the card Security Code*

The card security code on the back of the card

Note: Clicking on the links below will open a new browser window.

Landlord Licensing Fees

Please ensure you fully aware of the fees and the correct fee which apply to you. Please see the table below.

NB: The council will charge additional fee for incomplete application form.

Application type Fee 19 | P a g e L o n d o n B o r o u g h o f T o w e r H a m l e t s D:\Docs\2017-12-30\0c9ba67c0f7e5e3c5e84a94cfc7014c1.docx Full on line application £520 for five year licence Partial on line application with £580 for five year licence documents sent through the post or all information not provided on first full application Postal application £610 for five year licence Postal application with all information £660 for five year licence not provided on first full application Landlords with previous management Fees as above but licence will be concerns or have required two valid for one year only warning letters to apply for a licence Application withdrawn by applicant, No refund revocation, refusal by Council to licence, property ceases to require a licence Temporary Exemption Notice 0 Variation instigated by the licence 0 holder

Payment of fees

On line a) You can only pay on line if the application is completed on line b) It is cheaper to complete the application form on line – this is done via a secure web site using a credit/debit card - please go to www.towerhamlets.gov.uk/selectivelicensing to complete the form

Cheque a) please ensure you write the name of the property on the back and ‘Landlord licensing scheme b) Cheques should be crossed and be made payable to the London Borough of Tower Hamlets. c) Send with the completed application form to Health and Housing (landlord licensing), Environmental Health & Trading Standards – John Onslow House, 1 Ewart Place, London E3 5EQ

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