Appendix 4 Mandatory and Discretionary Licensing Conditions

Overcrowding Use Restrictions and Permitted Occupation

The licence holder must not let the property so that it would be overcrowded as defined by a) and b) below by ensuring ensure compliance with Condition 1 c) and d) and Condition 2 below:

a)   Housing Act 1985 and

b)   Housing Act 2004 Part 1 (overcrowding hazard assessed via Housing Health and Safety Rating System) and

c)   any tenancy agreement used by the licence holder must include a provision requiring the tenant to seek the licence holder’s consent before allowing any other person to live in the property during the tenancy, and such consent must not be given if the additional occupier(s) would cause the property to be overcrowded.

d)   If the Licence holder becomes aware of overcrowding at the property, they must take all reasonable steps to address the issue upon demand and provide evidence of that action to the council in writing within 28 days

Non-Mandatory Condition by reason of:

Section 90 subsection 2 (a) restrictions on occupation (overcrowding)

(See Guidance Note 1 and 2 Overcrowding )

Use Restrictions and Permitted Occupation

1.  The property must not exceed the maximum permitted number of  persons or households for the house as specified in the Licence
2.  No persons must share a bedroom unless they are living as part of a family, in accordance with the table below and
3. The licence holder must ensure that the occupancy of the bedrooms as identified on the floor plan does not exceed level specified within the licence
4. No rooms other than bedrooms are used for the purposes of sleeping

Age and sex of household member – Number of bedrooms

• An adult couple *children under the age of two are permitted to share a room with parent(s) – 1 bedroom
• Two persons of the same sex aged ten and above – 1 bedroom
• One or two children under ten years old (not necessarily the same sex) – 1 bedroom

Non-Mandatory Condition by reason of: 

Section 90 subsection 2 (a) restrictions on occupation (overcrowding) 

(See Guidance Note 1 and 2 Overcrowding )

Gas

Where gas is supplied to the licensed premises the licence holder must produce annually to North Lincolnshire Council (the Council) for their inspection, a gas safety certificate obtained in respect of the house named on the licence within the last 12 months.

If gas is supplied to the house, the Licence Holder shall produce annually, to the authority, a gas safety certificate obtained in respect of the house within the last 12 months.

Mandatory Condition

(See Guidance Note 3)

 Electrical Appliances Supplied by the Licence Holder

1. The Licence Holder shall keep electrical appliances made available by him in the house in a safe condition and
2. The licence holder must supply to North Lincolnshire Council, on demand a written signed and dated declaration by him as to the safety of supplied portable appliances required by condition 2 (a) and (b) using the prescribed form in Annexe A of Electrical Safety First Best Practice Guide 6 : best-practice-guide-6.pdf (electricalsafetyfirst.org.uk)

Mandatory Condition

(See Guidance Note 4)

Electrical Installations

1.  The Licence holder must ensure that every electrical installation in the dwelling house is in proper working order and safe for continued use by undertaking regular periodic routine visual and operational checks of the electrical installation within the licenced dwelling house every 12 months or at change of occupancy, whichever is sooner. (NB. “electrical installation” has the meaning given in regulation 2(1) of the Building      Regulations 2010 that being fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter) and
2. The licence holder must supply to North Lincolnshire Council, on demand a written signed and dated declaration by him as to the safety of electrical installations required by condition 3 (a) using the prescribed form: landlords-interim-checklist-2014.pdf (electricalsafetyfirst.org.uk) and
3. Where the Licence holder periodic inspections identify unsuitable and unsafe electrical installations the Licence holder shall notify North Lincolnshire Council in writing the same day and ensure that the property is re-checked by a qualified electrician as soon as reasonably practicable. Following inspection any remedial work shall be carried out within 28 days where tenanted and where the property is vacant works shall be completed and certified before the tenants occupy the property. Works shall be in accordance with BS 7671.
4. All new electrical installation work undertaken in in the Licenced premises must, by law, comply with Part P of the Building Regulations

Mandatory Condition

(See Guidance Note 5)

Furniture

1.  The licence holder must keep supplied furniture in a safe condition by complying with the requirements of Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993 and 2010) as set out in Furniture Industry Research Association Flammability Guide Fire Safety of Furniture and Furnishings in the Home (2011) https://www.fira.co.uk/images/FIRA-Flammability-Guide.pdf
2. The Licence holder must ensure that regular and periodic inspections of supplied furniture takes place every 12 months or at change of tenancy whichever is sooner, and the checks shall ensure the following minimum information is documented in writing as detailed in Condition 3 (c)and submitted on demand to North Lincolnshire Council within 7 days:
3. The periodic inspection required by Condition 3 (b) above must document:

1. The date of the inspection and the address of the licenced dwelling house
2. The name and signature of the authorised person who undertook the inspection
3. An inventory of the supplied items checked
4. Written confirmation that:

• • furniture filling materials meet specified ignition requirements
  • upholstery composites are cigarette resistant
  • relevant covers are match resistant (see Section 8.2 of Appendix A5 of the Guidance above)
  • there is a permanent label fitted to every item of new furniture (excluding mattresses and bed bases, pillows, scatter cushions, seat pads, loose covers sold separately from the furniture and stretch covers)

Mandatory Condition

(No Guidance Note 6)

 Smoke Alarms

The licence holder must ensure that;

1. A documented fire risk assessment is submitted for written approval to the council detailing the type of alarm system to be provided in the dwelling taking into account the nature of occupancy, structural design and layout of the house
2. A smoke alarm is installed on each storey of the house on which there is a room used wholly or partly as living accommodation; and that,
3. Smoke alarms are repaired or replaced once informed and found that they are faulty.
4. Each such alarm is kept in proper working order; and that,
5. On demand, the Authority is supplied with a declaration by him or her as to the condition and positioning of any such alarms at the onset of any tenancy or every 12 months whichever is sooner.

For the purpose of condition 5, a bathroom or lavatory is to be treated as a room used as living accommodation.

Mandatory Condition

(See Guidance Note 7)

Carbon Monoxide Alarms

The Licence Holder must ensure that:

1. A carbon monoxide alarm is installed in any room in the house which is used wholly or partly as living accommodation where a fixed combustion appliance is present (excluding gas cookers); and,
2. Carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.
3. Any such alarm is kept in proper working order; and that
4. The Authority is, on demand, supplied with a declaration by him or her as to the condition and positioning of any such alarm or alarms.

Mandatory Condition

(See Guidance Note 8)

Terms of Occupation

The Licence Holder must supply the occupiers of the house with written statement of terms on which they occupy the house (this is usually a Licence or tenancy) and the following information must be included in the written statement of terms under which the premises is occupied:

• The amount of rent payable and the mechanism for any rent increases
• Methods of acceptable payments (Cash, cheque, standing order, electronic bank transfer)
• Tenancy start and end dates
• The details of any deposit required and the deposit scheme in which it is held
• Details of what the deposit covers and arrangements for the return of the deposit
• Full details of any rent in advance payments and when the next payment is due
• The frequency of payments
• The details of any utilities or other charges included in the rent
• The responsibility for payment of the Council Tax
• The responsibility for the payment of utilities and arranging for the provision of such
• Tenants’ responsibilities in regard of the use, occupation and condition of the licensed premises
• Notice periods for ending the tenancy/ licence to occupy
• Clauses relating to nuisance and/or anti-social behaviour
• Clauses preventing sub-letting of the property
• The location of any stop taps
• Details of the arrangements in place to deal with repair issues and emergency issues
• Copies of the written statement of terms (license or tenancy) must be provided to the council on demand.

Mandatory Condition

(See Guidance Note 9)

Tenant Reference Checks

The licence holder must undertake reference checks for persons who wish to occupy the house to ensure to check tenant suitability and their ability to pay the rent. The checks must seek to obtain and retain for the duration of the tenancy the following :

1. A financial check (credit check, bank statements, employer reference)
2. Proof of address (utility bill, council tax bill, driving licence, recent bank/credit card statement, previous tenancy agreement)
3.  Proof of identity (passport, driving licence
4.  Previous landlord reference
5.  Right to rent certification

No new occupiers must be allowed to co-occupy the property if they are unable to provide a suitable reference.

The licence holder must provide written evidence of such references and checks carried out when requested by the Council within 14 days on demand.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (a) Occupation Restriction and (b) ASB

 (See Guidance Note 10)

If a Licence holder receives a reference request for a current or former tenant for the purposes of an application to rent a property from another Licence Holder he must respond to the request in writing within a reasonable period and either;

1. decline the request for a reference ; or
2. when giving a reference state whether or not he is aware of any allegations of anti-social behaviour made against the tenant and if such allegations have been made give details of the same including details of whether (to his knowledge) the allegations have been admitted or have been found proven in any court or tribunal. 

Rent Payments

The licence holder must ensure that a written record of all rent payments received in respect of the property are retained for inspection and evidence of written rent records must be retained for a period of 5 years and provided to the Council within 14 days on demand.

The tenant must be given a receipt for all rent payments made, such as a written receipt, invoice or rent statement. This shall be provided to the tenant at weekly or monthly intervals as a minimum.

In the event of a missed rent payment, a visit must be made to the premises by the landlord or his agent, no later than 1 month form the date that the payment was due, to ensure that the property is secure and has not been abandoned or sub-let or used for illegal purposes such as cannabis grows.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB (eviction)

 (See Guidance Note 11)

Deposits

 The licence holder must protect any deposits taken from the occupiers under an assured short-hold tenancy agreement, by placing them in a statutory tenancy deposit scheme.

The licence holder must give information about the scheme being used to the occupier within the statutory time limit (currently 30 days) of the time the deposit is taken. When requested this information must be provided to the Council within 14 days on demand.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (a) Occupation Restriction

 (See Guidance Note 12)

Permitted Fees

The Licence holder must not charge tenants and other relevant persons any fee unless it is a permitted payment detailed below:

1. the rent
2. a refundable tenancy deposit capped at no more than five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the total annual rent is £50,000 or above
3. a refundable holding deposit (to reserve a property) capped at no more than one week’s rent
4. payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher
5. payments associated with early termination of the tenancy, when requested by the tenant
6. payments in respect of utilities, communication services, TV licence and council tax; and
7. A default fee for late payment of rent and replacement of a lost key/security device, where required under a tenancy agreement.

Non-Mandatory Condition by reason of Section 90 subsection 2 (a) Occupation Restriction

 (See Guidance Note 13)

Managing Agent/Property Manager

 If the Licence Holder uses the services of a managing agent/property manager for the purposes of their Licenced premises, they shall be a member of a Redress Scheme in line with The Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014

Non-Mandatory Condition

 (See Guidance Note 14)

Tenants Information Pack

 The Licence Holder must ensure that all tenants are provided with a suitable written tenants’ information pack including the information set out below:

1. The name address email and emergency telephone contact details for the Licence holder
2. Where furnished or part furnished a written inventory
3. How to Rent Guide https://www.gov.uk/government/publications/how-to-rent
4. A valid Gas Safety Certificate where there is a gas supply
5. A valid Energy Performance Certificate for the dwelling
6. A valid Electrical Installation Condition Report
7. Evidence of working smoke and carbon Monoxide detectors
8. Utility meter readings
9. A complaints procedure at the start of their tenancy. The procedure must include how complaints of the property conditions will be dealt with.
10. The Anti-Social Behaviour Policy for responding to ASB from within or outside the perimeter of the dwelling house
11. Contact telephone numbers for North Lincolnshire Council and Humberside Police and Humberside Fire Service
12. Where there is a deposit being taken Deposit Protection Paperwork and Reference
13. Written instructions on use of the fixed heating system
14. Written information about the council waste collection services the waste Public Space Protection Order requirements and the bin day
15. Written information about nuisance vehicle parking in ten foots obstructing waste collection services and street cleansing

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB and 3(b) maintenance

 (See Guidance Note 15)

Housing Support Needs

Where the Council or the NHS has identified that housing adaptations are required for tenants, they must be allowed to put in place requested reasonable adjustments to the dwelling via suitable physical adaptations installed to a satisfactory workman like standard.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB and 3(a) facilities and equip to be provided

 (See Guidance Note 16)

Fit for Human Habitation

The licence holder must ensure that the property is fit for human habitation at the start of, and at all times during, any tenancy and must take all reasonable and practical steps to respond to repair and maintenance issues at their property and comply with their legal requirements. Any necessary works must be undertaken within a reasonable time and in accordance with the requirements of the tenancy agreement and the law.

Fitness for human habitation must consider matters set out in section 10 of the Landlord and Tenant Act 1985. These are whether:

• the building has been neglected and is in a bad condition
• the building is unstable
• there’s a serious problem with damp
• it has an unsafe layout
• there’s not enough natural light
• there’s not enough ventilation
• there is a problem with the supply of hot and cold water
• there are problems with the drainage or the lavatories
• it’s difficult to prepare and cook food or wash up
• or any of the 29 hazards set out in the Housing Health and Safety (England) Regulations 2005

Non-Mandatory Condition by reason of:

 Section 90 subsection 3(a) facilities and equip to be provided and 3(b) maintenance of the same

 (See Guidance Note 17)

Anti- Social Behaviour (ASB)

The licence holder must take reasonable and practical action to prevent or reduce anti-social behaviour by the occupiers of the property or their visitors and the licence holder must ensure that the occupiers of the property receive written confirmation detailing the procedure in place to deal with anti-social behaviour at the start of their tenancy taking into account Licence Conditions xxx to xx below.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB

 (See Guidance Note 18-25)

Security

The licence holder must ensure adequate precautions are provided for the security of the property and must ensure:

1. Carry out a lock change prior to a new tenant taking up occupation when the previous tenant has not returned all keys.
2. Ensure that provisions for securing access to the premises are maintained in good working order at all times, and sufficient to prevent reasonable attempts of forced entry.
3. Ensure occupiers have access to the necessary keys to access the security provisions, including window locks if fitted.
4. Where a burglar alarm is fitted to the Property, the Tenant(s) is (are) made aware of the code, how the alarm is operated and the circumstances under which the code for the alarm can be changed.
5. Where a burglar alarm is fitted to the premises, the licence holder will change the code at the onset of each new period of occupation.
6. Ensure that where provided any outbuildings such as sheds and garages are effectively secured against illegal entry and occupation.
7. So far as reasonably practicable, any works necessary to protect the security of the property are undertaken within 24 hours of notification e.g. damage to windows/entry points to the property.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB and 3(a) facilities and equip to be provided and 3(b) maintenance of the same

 (See Guidance Note 26)

Maintenance and Repair of External Areas

 The external areas must provide a secure boundary structure of not more than x meters in height, which provides a clear definition between the private Licensed dwelling house curtilage and the public realm space to which the public have open access. The exterior must be inspected regularly, at intervals of at least once every six months to include:

1. Inspection of the exterior of the property, including the roof, walls, drainage, window and door elements to identify any problems relating to the maintenance and state of repair.
2. Inspection to ensure that gardens, fencing, paths, etc., and other external elements are kept in a clean, clear and/or sound condition.
3. Inspection to ensure exterior and boundary walls, fences and gates are secure and free from graffiti.
4. Inspection to identify any maintenance problems associated with outbuildings such as garages, sheds and to ensure that such buildings are not used for sleeping purposes.
5. Provide any such inspection report to the Council with 14 days, on demand along with action taken to remedy disrepair and defects arising from a-d above.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB and 3(a) facilities and equip to be provided and 3(b) maintenance of the same

 ( See Guidance Notes 27)

Pest Control

 Prior to the commencement of the tenancy the Licence holder must ensure that the interior of the dwelling house is pest free and where evidence of infestations are identified they must the treated, by a professionally trained pest control technician prior to re-occupation of the dwelling house, evidence of which must be provided to the council on demand.

Where external areas are provided within the curtilage of the licenced dwelling house the Licence holder must ensure that at the commencement of the tenancy gardens, yards and within the property boundary are clean, tidy, and free from wastes and rodent infestations/adequately pest proofed and tenants must also be advised of the need to maintain the same, evidence of which must be provided to the council in writing upon demand within 14 days. 

Non-Mandatory Condition Section 90 subsection 3(a) facilities and equip to be provided and 3(b) maintenance of the same

 (See Guidance Note 28)

Waste Duty of Care

At the start of each tenancy the licence holder must ensure that any waste left by a previous tenant within the curtilage of the property (inside and outside) is removed to a suitable licenced facility. If employing a third party to carry out any such clearances, checks must take place to ensure that they are a registered waste carrier and are able to provide relevant Waste Consignment Notes to the Licence holder which must be produced on demand when requested by the council.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB

 ( See Guidance Notes 29) 

Household Waste Management

The Licence Holder must ensure at the start of the tenancy that there are adequate arrangements for the storage and disposal of waste, including ensuring that the occupiers of the house are given information in writing about the council’s waste and recycling prior to their occupation of the Licenced dwelling house. This information must include

1. Which day refuse collections take place
2. What type of bins to use for household and recycling waste
3. Details on the Council’s waste management services for residual waste, recycling, bulky items, household waste recycling centres and bring banks
4. The occupier’s responsibility to put bins out ready for collection and return to the boundary of the property after collection
5. That the occupiers should arrange for disposal or collection of any additional waste that does not fit in the bin as soon as reasonably possible
6. The licence holder will as far as reasonably possibly adhere to these conditions when the property is unoccupied.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB and 3(a) facilities and equip to be provided and 3(b) maintenance of the same

 ( See Guidance Notes 30)

Waste Management Checks

The Licence holder must

1. Actively respond to complaints of poor waste practices associated with the property. The licence holder must keep a record of the action taken and provide this to the Council within 14 days on demand.
2. The Licence Holder must ensure that no refuse or rubbish is kept in the front or rear gardens of the house, or in any yards, forecourts, alleyways, or other spaces within the house curtilage, other than in refuse and rubbish storage facilities provided specifically for that purpose.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB

 ( See Guidance Notes 31)

Training

The licence holder of the dwelling shall attend any required training as identified by the see fit as identified by the Council in relation to improving management skills to a sufficient level of competence to operate a licensed premises.

Non-Mandatory Condition by reason of:

 Section 90 subsection 2 (b) ASB and 3(a) facilities and equip to be provided and 3(b) maintenance of the same

 (See Guidance Note 32)

Houses in Multiple Occupation

Where the property is defined as a house in multiple occupation subject to section 254 to section 257 of the Housing Act 2004, the Licence Holder must also where relevant comply with the Management Regulations a) to d) below and any updated versions:

1. The Management of Houses in Multiple Occupation (England) Regulations 2006 SI 372 (Management Regulations) https://www.legislation.gov.uk/uksi/2006/372/note/made
2. The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(England) Regulations 2006, Statutory Instrument No. 373 as amended by Regulation 12 of the 2007 Statutory Instrument, No. 1903; https://www.legislation.gov.uk/uksi/2006/373/contents/made
3. The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007, Statutory Instrument 1903, https://www.legislation.gov.uk/uksi/2007/1903/contents/made
4. The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007, Statutory Instrument 1903,  https://www.legislation.gov.uk/uksi/2007/1903/contents/made

GENERAL CONDITIONS

Non-Mandatory Condition by reason of:

 Section 90 subsection 3 (a),(b) Facilities and maintenance and 2(a) ASB

(See Guidance Notes 33)

Consultation of Changes

The licence holder must consult with the Council before making material changes to the layout of the property, amenity provisions (such as adding or removing bathroom or kitchen facilities), fire precautions or occupation of the accommodation, which may affect the licence granted.

Notification of changes of circumstances

 The licence holder must inform the Council of material changes of circumstances regarding:

1. Details of any unspent convictions not previously disclosed to the Local Authority involving fraud or dishonesty, violence or drugs, any offence listed in Schedule 3 to the Sexual Offences Act 2003 or any other conviction relevant to the licence holder and/or the property managers fit and proper person status.
2. Details of any finding by a court or tribunal against the licence holder and/or the manager that they have practiced unlawful discrimination on the grounds of sex, colour, race, ethnic or national origin or disability.
3. Details of any civil or criminal proceedings against the licence holder or manager, relating to housing, public health, environmental health or landlord and tenant law, resulting in a judgment or finding or Civil Penalty (under the Housing and Planning Act 2016), being made against them.
4. Information about any property the licence holder or manager owns or manages or has owned or managed, that has been refused a licence by   a local housing authority or has had a licence revoked due to the breaching of the licence conditions.
5. Information about any property the licence holder or manager owns, manages, has owned, or managed that has been the subject of an interim or final management order under the Housing Act 2004, or of a Banning Order under the Housing and Planning Act 2016.
6. The property becoming empty for more than 3 months.
7. Notification of repossession/foreclosure.
8. Successful claims against the licence holder for default of tenancy deposits.
9. A change in managing agent or the instruction of a managing agent.
10. The undertaking of substantial works to the property, including conversions and modernisations or emergency problems relating to fire, flood or disaster.

Absence of the Licence Holder

The licence holder is required to have in place suitable emergency management arrangements in the event of their absence.

Should the Licence Holder be unable to fulfil the licence conditions he should appoint a person to manage the house during the period of the licence, he must:

• Obtain from the manager a signed declaration identifying the licence conditions by which he agrees to be bound, and that the manager understands the consequences of failing to comply with the licence conditions;
• Provide the Council a copy of the signed declaration within 14 days of the said change of circumstance.

Compliance inspections

 The licence holder must arrange for access to be granted when requested by the Council at any reasonable time.

The Licence Holder must ensure that council officers are not obstructed from carrying out their statutory duties including inspecting and the surveying of the property to ensure compliance with licence conditions and relevant legislation.