Agenda item
Private Rented Sector Licensing Scheme - Update
Minutes:
7.1 Roz
Spencer (Co-ordinator, Rogue Landlords Taskforce), gave a
presentation to the meeting. The key points to note
were:
- There have been a few
Government changes since the consultation was initiated:
- Housing Bill
introducing new system of fines
- Consultation on
amending Mandatory Licensing regime to include all Houses of
Multiple Occupation (HMOs)
- ‘Right to
Rent’ requirements on private landlords – risks for the
council
- The consultation
lasted 12 weeks - from 1September 2015 to 24 November 2015 (10
weeks statutory minimum)
- The consultation
consisted of:
- Consultation document
and on-line survey on Lewisham website
- Mail shot of over
4000 letters to all addresses with combination of commercial and
residential, with invitation to public meeting, summary of the
proposal and link to website
- Public meeting 15th
September 2015, which had 40 attendees
- Emails to subscribers
to Lewisham Life magazine with links to
the consultation document on the council website
- A written briefing
note to Ward Assembly meetings
- National Landlord
Association (NLA), Residential Landlords Association (RLA),
Generation Rent, London Property Licensing.co.uk and all
neighbouring borough’s websites asked to publicise the
consultation and provide hyperlink to our website
- hard copies of the
document available at Laurence House Customer Access
Point
- In terms of
responses, there were 136 on-line responses. There were four
detailed organisational responses - NLA, Citizens Advice Bureau
(CAB), LB Lambeth and RLA.
- Respondents
information:
- Overwhelming majority
live in the borough
- Largest group of
respondents were owner-occupiers, about 40% of whom were private
landlords
- Slightly more of the
respondents were private tenants than private landlords (56%
vs 44%)
- More than half the
landlords let only one property, only 3% have portfolios over 10
properties
- The opinions on the
‘5 key questions’ from the consultation are as
follows:
- “More
properties for private rent should be licensed” - Strongest
opinion and biggest consensus this included a quarter of the
private landlords. No private landlords disagreed with the
statement
- “Licensing
improves conditions” - big majority agree including just
under a third of private landlords, though 21% disagreed with the
statement
- “It is right to
target flats above commercial premises” 60% agreed though
private landlords were divided on the question with only one
quarter of them agreeing. 90 % of tenants were in
agreement
- The standards to be
met for a license: a small majority felt standards proposed are
about right, but 28% who were overwhelmingly private tenants, felt
the standards were not tough enough. Just under half of landlords
considered them too tough.
- On the proposed fee
of £100-110 pa – opinion was most divided on this
question; a small majority favoured the fee being at least the
proposed sum but more than two thirds of landlords thought the fee
too high
- Some of the
qualitative feedback from the consultation consisted of the
following:
- NLA in support of the
scheme, see this as a positive opportunity to campaign for more
small landlords to gain accreditation – partnership work plan
in place
- CAB - no evidence of
more people from over shops complaining – in keeping with
council enforcement teams experience – maybe these complaints
are not forthcoming due to fear of retaliation from landlords is
unknown.
- There was a fear that
a licensing scheme could cut links to immigration; there was some
agreement that there was a risk of driving those immigrants and
those that exploit them further underground.
- There were a number
of other questions posed in the consultation, some examples
being:
- Should there be a
requirement to control pests?
- Will we give
landlords a chance to comply with licence conditions first before
refusing it?
- Can we increase fines
for landlords who don’t comply?
- Can we require annual
inspections by qualified surveyors?
- The consultation
recognised that there were some challenges posed by the licensing,
such as:
- The Licensing scheme
penalises good landlords while the rogues go under the
radar
- The costs will be
passed onto tenants and will reduce supply of affordable
housing
- There are more cost
effective schemes based on self-regulation and
partnership
- There are revised
estimates for the scheme now, with the scheme costing in total
£431,000 per year. License fee income is estimated to be
£175,000 per year and net cost to the council £156,000
per year.
- In conclusion, the
consultation found that:
- All aspects of the
proposals were supported by a majority of respondents
- The survey captured
the opinions of both landlords and tenants; landlords were more
negative about the proposals while tenants were strongly
supportive
- Landlords did not
disagree with the principle of licensing
- Just under half of
the landlords considered the proposed standards too tough, and only
one third agreed licensing improves standards
- Less than a third of
landlords were in support of the proposed fee
- Only a quarter of
landlords agreed with licensing flats over commercial
- The next steps for
the consultation are take the recommendations via scrutiny to
Mayor & Cabinet on 16January 2016.
After Mayor and Cabinet considers the
consultation and revised costs, Implementation of the Licensing
Scheme will be drawn up. A Statutory Notice would need to be issued
for 3 months prior to going live with the Licensing
Scheme.
7.2 In
response to questions from the Committee, the following was
noted:
- The Committee were
happy with the conclusions of the consultation and the way they had
been presented to the Committee.
7.3
RESOLVED: That the Committee noted the presentation
and commended the results of the consultation before they went to
Mayor and Cabinet.
Supporting documents: