FENLAND DISTRICT COUNCIL
HMO LICENCE CONDITIONS
Mandatory Conditions in accordance with Housing Act Requirements
1.0
If gas is supplied to the house the Gas Safety (Installation and Use) Regulations 1998
shall be complied with in all respects. In particular an annual safety check shall be
carried out be a Gas Safe registered engineer on each gas appliance/flue.
A current Gas Safety Certificate (obtained within the last twelve months) in respect of
the house shall be supplied with the application to the Council and annually
thereafter.
2.0
Electrical appliances made available in the house by the licence holder shall be kept
in a safe condition.
2.1
A declaration, on demand, shall be supplied to the Council as to the safety of such
appliances.
3.0
The furniture made available by the licence holder shall be kept in a safe condition
and must comply with current fire safety standards.
3.1
A declaration, on demand, shall be supplied to the Council as to the safety of such
furniture.
4.0
The licence holder shall ensure that at all times a fire detection system/smoke alarms
in proper working order is/are installed in the house.
4.1
A fire detection and alarm system designed to meet the requirements of BS5839 –
6:2004 shall be installed in the house.
4.2
The fire alarm system in the property shall be inspected, tested and serviced (where
relevant) in accordance with BS 5839 – part 1:2002, sections 6 and 7. In particular
the following shall be carried out:-
every six months checks on the system shall be carried out in accordance with
clause 45.3
every twelve months checks on the system shall be carried out in accordance with
clause 45.4
Where provided independent smoke alarms shall be cleaned periodically in
accordance with the supplier’s instructions.
4.3
Throughout the period of the licence, inspection and servicing certificates in the
format recommended by BS 5839 – part 1:2002 should be submitted to the Council
upon demand by an authorised officer of the Council.
The above mentioned checks shall be carried out by a competent person. (NICEIC,
ECA or BFBSA contractors who are familiar with all British Standards relating to
automatic fire detection systems are normally acceptable in this respect. Other
contractors will be asked to demonstrate their competence to the Council before
acceptance of such certificates).
4.4
A declaration, on demand, shall be supplied to the Council as to the condition and
position of any smoke alarms in the property.
5.0
The licence holder shall supply to the occupiers of the house a written statement of
the terms on which they occupy it.
Additional Licence Conditions Considered necessary by Fenland District Council
This is not an exhaustive list and the Council may attach other licence conditions where
reasonably necessary in order to ensure effective management, maintenance and operation
of a House in Multiple Occupation.
1.0
The licence holder shall comply with The Management of Houses in Multiple
(England) Regulations 2006 (as from time to time may be amended) and any
Approved Code of Practice issued under Section 233 of the Housing Act 2004.
2.0
The electrical installation shall be kept safe and in proper working order.
2.1
A periodic check of the electrical installation shall be undertaken in accordance with
BS 7671(as amended) at intervals of no more than five years. A periodic inspection
report in the format recommended in Appendix 6 of BS 7671 (as amended) shall, at
any time during the period of the licence, be submitted to the Council, upon demand
by an authorised officer. The report shall be issued by a competent person. (A
competent person in this respect includes NICEIC enrolled contractors of ECA
members who regularly inspect, and are qualified to inspect domestic electrical
installation systems and whose work is subject to regular assessment).
3.0
The licence holder shall ensure at all times, gardens, yards and other areas within the
curtilage of the house are kept in a safe, reasonably clean and tidy condition and free
from rodent infestation.
4.0
The licence holder shall notify all occupants at the beginning of their occupancy of the
arrangements in place to deal with emergency and other repairs.
5.0
The licence holder shall at all times comply with relevant landlord and tenant
legislation.
6.0
The licence holder shall maintain the exterior of the property in reasonable decorative
order and reasonable repair.
7.0
The licence holder shall make suitable and adequate provision for refuse storage and
collection at the house.
8.0
The escape lighting in the property shall be inspected, tested and serviced generally
in accordance with clause 12 of BS 5266 – 1:1999 (as amended) In particular the
following shall be carried out:-
every six months checks on the system shall be carried out in accordance with
clause 12.4.4
every twelve months checks on the system shall be carried out in accordance with
clause 12.4.5
for self contained luminaries with sealed batteries, after the first three yearly test,
the three yearly test shall be carried out annually in accordance with clause 12.4.6
Throughout the period of the licence, periodic and test certificates in the format
recommended by BS 5266 – part 1:1999 shall be submitted to the Council upon
demand by an authorised officer of the Council. The checks shall be carried out by a
competent person. (NICEIC, ECA or BFPSA contractors who are familiar with all
British Standards relating to emergency escape lighting systems are normally
acceptable in this respect. Other contractors will be asked to demonstrate their
competence to the Council before acceptance of the certificates.)
9.0
The licence holder shall comply with the (following)(attached) schedule of
(restrictions)(and/or)(prohibitions) on the use or occupation of the house (and/or)
(particular parts of the house) by persons occupying it.
10.
The licence holder shall supply occupiers with a written statement of the terms of the
tenancy which incorporates details of how deposits will be held and terms of return,
an inventory of contents and condition at the commencement of the tenancy; details
of rent and dates due, rent payment methods, and how and when rent may be
increased and provide for a means of contact for repairs, reporting etc.
11.
The licence holder shall take reasonable and practicable steps to prevent or reduce
anti-social behaviour by persons occupying or visiting the house:
The licence holder shall ensure that each occupier is made aware of any
conditions imposed by the Council relating to the behaviour of occupants, and
that compliance with any such conditions is made a condition of occupancy.
Those conditions are that the occupants shall:
not cause nuisance and annoyance to other occupants or to neighbouring
residents
comply with arrangements made by the manager for the storage and disposal
of refuse
not cause damage to fixtures, fittings, fire precautions, or premises
not use abusive or threatening behaviour
allow access to the agent/landlord to maintain communal areas and, with
reasonable notice, to carry out works within the occupants own
accommodation
Please note that where references are made within this document to current safety
standards and professional certification and qualification, it is intended that the
responsible person must take into account any amendments and/or updates to this
legislation.
