Following some recent HMO training delivered by Housing Lawyer David Smith I thought it might be useful share the following information on ‘license conditions’ from the delegate notes with our members….

Licence Conditions

It should be remembered that all licences have conditions attached to them. The main one is the number of persons permitted to occupy the property. Overcrowding a property is a serious offence with a maximum fine of £20,000. Breach of other licence conditions is an offence with a maximum fine of £5,000.

However, is should be noted that local authorities have limitations in relation to standards. Section 76 Housing Act 2004 imposes limitations on licence conditions:

• (5) A licence may not include conditions imposing restrictions or obligations on a particular person other than the licence holder unless that person has consented to the imposition of the restrictions or obligations.

• (6) A licence may not include conditions requiring (or intended to secure) any alteration in the terms of any tenancy or licence under which any person occupies the house.

Regard should also be had to the decision of the Welsh RPT in Matheson v Cardiff CC (Case Ref: RPT/WAL/HMO/1). The RPT held that Councils should not adopt a standard set of licence conditions and take a 'one size fits all' approach. That said, there is no doubt that, as many houses in a particular area have similar characteristics, there will be a similarity between licence conditions across properties.

In regard o conditions and requirements relating to fire safety the LACORS guidance on the issue should be seen as a minimum standard although departure from it by local authorities must be justified.

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