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Council owned property managed by Property Guardian Provider - HMO licence requirements

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William R. Chapman

Dear Colchester Borough Council,

With reference to information published online by the Colchester Borough Council assessed at:

https://www.colchester.gov.uk/info/cbc-a...

According to the article the council's Private Sector Housing Team was involved, indicating that the former care home situated at the Old Rectory in Lexden, Colchester was owned by a private landlord and that the management of the property was handed over to Camelot Guardian Management Company Ltd. In other words, the Colchester Borough Council was not the owner of the property.

It is understood that if a council is the owner of a property then the requirement for a HMO licence falls away. The logic would be that since the council itself is the enforcer of HMO licencing arrangements, the council would self-regulate to ensure that the rules are applied.

The questions related to applicable guidelines used by the Colchester Borough Council:

(a) If the council has employed the services of a property guardian provider company to manage and protect a council-owned former unoccupied (or vacant) residential property falling (for example, a former care home), would it be the responsibility of the council to ensure HMO compliance, or would it be the responsibility of the property guardian provider company to apply for such licence?

(b) Subsequent to the HMO licence amendments that came into force on 1 October 2018, with a council owned, but a property guardian provider managed building not subjected to an HMO inspection, and no HMO licence being issued, which party would be held to be responsible?

(c) Would the Colchester Borough Council entertain a situation, whereby it has the knowledge that a property guardian provider has not applied for an HMO licence while managing the property of the council, but allow property guardians to occupy the building and having knowledge thereof?

Yours faithfully,

William R. Chapman

Info, Colchester Borough Council

Dear William,  

 

Thank you for contacting Colchester Borough Council requesting information
regarding HMO licence requirements.

 

Your request has been logged under the Freedom of Information Act (FOIA)
2000 with the reference above. An officer is reviewing your request and
will respond accordingly. 

  

You can find advice and guidance about accessing information from public
bodies from the Information Commissioner’s Office at
 [1]www.ico.org.uk/your-data-matters/official-information 

 

Many thanks,

 

Customer Information 
Colchester Borough Council 
[2][Colchester Borough Council request email] 
[3]https://www.colchester.gov.uk/info 

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William R. Chapman

Attention: The customer information officer (FOI)

Concerning question (C) of the aforementioned FOI request:

Under certain circumstances, an application can be made by the party managing the property belonging to a council to obtain a temporary exemption from the necessity to apply and be granted a HMO licence. A situation may arise where it is anticipated or has been decided to terminate the service of property guardianship - for example, when the amended HMO licence requirements came into force on 1 October 2018.

The primary reason for the implementation of requiring a HMO licence is to ensure that the property is managed correctly and meets specific safety standards. Within the UK there are numerous examples of gross mismanagement and complete disregard for basic safety standards within properties falling under property guardianship.

As the Equality and Human Rights Commission has produced Human Rights: Human Lives, a guide about the Human Rights Act 2000 to assist public authorities such as local councils, it can be argued that such authorities are obliged to treat everyone with dignity, respect and fairness. The matter raised is that of the safety and security of property guardians when a building owned by a county or local authority is required to comply to the new HMO regulations, and a decision is made to discontinue occupation by property guardians as it is not feasible to comply to such new regulations. Under such conditions, a failure to comply with the health and safety standards as set out in law should over-rule granting exemption thereby potentially placing the property guardians in potential danger?

Given that property guardians are not informed and have been permitted to occupy such buildings that are not HMO licensed and no exemption applied for by the management company, in violation of the HMO regulations:
– Both the authority and the property guardian provider having knowledge thereof, which parties are liable to be prosecuted for non-compliance, effectively having undermined the safety and security of property guardians?
Is a county council allowed to turn a blind eye and disregard the HMO licence regulations when dealing with a property guardian provider, when such licencing falls under the jurisdiction of a local borough council?

Yours sincerely,

William R. Chapman

Anna Watson, Colchester Borough Council

Dear Mr Chapman

 

Thank you for your FoI enquiry.

 

You are correct in your assertion that The Old Rectory was not owned the
Local Authority but by a private company.

 

In response to your three specific questions:

 

 a. If the council has employed the services of a property guardian
provider company to manage and protect a council-owned former
unoccupied (or vacant) residential property falling (for example, a
former care home), would it be the responsibility of the council to
ensure HMO compliance, or would it be the responsibility of the
property guardian provider company to apply for such licence?

 

Operating an HMO that requires a licence without a licence is an offence
and action could be taken against “the person having control of or
managing an HMO”. These terms are defined by Section 263 of the Housing
Act 2004. So, whether or not the property falls within the licensing
requirements under Part 2 of the Act and whose responsibility it is to
make the application, or if it is exempt by virtue of the Schedule 14 
exemptions, would depend on whether the Guardian company or the Local
Authority could be considered to be the person having control of or
managing an HMO, which will depend on the individual circumstances of the
arrangements.

 

 b. Subsequent to the HMO licence amendments that came into force on 1
October 2018, with a council owned, but a property guardian provider
managed building not subjected to an HMO inspection, and no HMO
licence being issued, which party would be held to be responsible?

 

Schedule 14 exempts HMOs which are controlled or  managed by Local
Authorities from the HMO licensing provisions.

 

 c. Would the Colchester Borough Council entertain a situation, whereby it
has the knowledge that a property guardian provider has not applied
for an HMO licence while managing the property of the council, but
allow property guardians to occupy the building and having knowledge
thereof?

 

This is not a situation that Colchester BC would condone. To my
understanding, CBC do not currently use any property guardian companies.
If this was being considered as an option, we would look to work with the
guardian company to ensure that the property met minimum legal
requirements and the Essex Amenity standard and, if applicable, to ensure
that a licence application was submitted. This would only be applicable if
the property was considered to be managed or controlled by the property
guardian company and not CBC.

 

I trust that this answers your enquiry.

 

Yours faithfully

 

 

Anna Watson

Private Sector Housing Manager

 

 

From: Info
Sent: 13 May 2019 16:26
To: Anna Watson <[email address]>
Subject: FW: Freedom of Information request - Council owned property
managed by Property Guardian Provider - HMO licence requirements. FOI REF:
358276
Importance: High

 

Dear Anna,

 

Please see the request for information below due for a prompt response and
within time limit of 20 days (by 10/06/2019).  The reference number
is 358276 and should be quoted in all communications with the
requester.   

 

Please be aware that we have an obligation to respond to requests
promptly, as soon as it is reasonably practicable.  If a response is
provided on, or close to, the final deadline date, we will need to be able
to justify the length of time it has taken to respond to the request. 

  

Please note that if you don't hold the information requested but are aware
of another service area that can provide the information, you should reply
by return email to us with that information as soon as possible.  

  

Otherwise please respond directly to the requester,
copying [1][Colchester Borough Council request email] and your communications BP, to a)
confirm or deny if the information is held and b) provide the information
if it is held. 

 

For advice and guidance please contact [2][Colchester Borough Council request email] 

 

Yours sincerely, 

 

Customer Information 
Colchester Borough Council 
[3][Colchester Borough Council request email] 
[4]https://www.colchester.gov.uk/info

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