Agenda item

The Leader, or their nominee, to answer any questions raised by members of the public in accordance with Standing Order 13.

The Council has received one question from the public as attached.

The Mayor reported that, under Standing Order 14, one question had been received from a member of the public.

Question from Stella Smith:

“Besides Article 4 and the Action plan the council have said they intend to publish in January, what other legislative powers do the council intend to use or bring in to stop and control HMOs including smaller unlicensed HMOs and those operating illegally within Spelthorne to the detrimental effect on existing Spelthorne residents?”

The Leader provided the following response:

“The Council’s Planning, Community Safety and Environmental Health Teams work closely together to co-ordinate appropriate action against unlicensed and unlawful Houses in Multiple Occupation (HMOs) and any anti-social behaviour that may arise from those properties.

The Planning Team continues to identify and take enforcement action in respect of any HMO that is operating without the benefit of any required planning permission. The community’s ongoing help in identifying such properties is greatly welcomed.

The Council are preparing a Supplementary Planning Document (SPD) in respect of HMOs as part of a wider action plan. This will set out criteria for assessing the impact of proposed HMOs at both the neighbourhood and street level and will greatly assist us in determining planning applications once the whole Borough benefits from an Article 4 Direction in March. It is anticipated that the SPD will be subject to public consultation early in the New Year, with adoption following in March 2026.

Once in place, the implementation of the policies in the SPD will also help in identifying those HMOs that are operating without the necessary licence or planning permission.

The Community Safety Team works with Environmental Health when receiving complaints from members of the community that relate to HMOs. If there are reports indicating that crime, disorder or anti-social behaviour are taking place, these properties are placed on the Tasking & Coordinating Group Agenda for discussion with partners, including the police.  Information sharing takes place at those meetings and a joint partnership solution is discussed.  

Powers available to tackle anti-social behaviour (ASB) are drawn from the Anti-Social, Crime & Policing Act 2014 which empowers both the police and the local authority to issue:

• Closure Notices
• ASB Injunctions
• Community Protection Warnings, and
• Community Protection Notices.

These place requirements on either the offender or in some cases the landlord, where it is clear that they have been negligent in exercising their lawful duties.

The main legislation used by Environmental Health for housing standards, including HMO licensing, is the Housing Act 2004. This Act provides for mandatory licensing for HMOs.  Where certain conditions are met, the Act also allows for licensing of HMOs that are not subject to mandatory licensing and selective licensing of private rented properties. Like most local authorities, Spelthorne currently only implements mandatory licensing and, following an increase in the number of HMOs requiring such licensing, we are taking steps to ensure that we are adequately resourced and able to tackle those properties fully before considering the introduction of further licensing controls.

In addition to the Housing Act 2004, Environmental Health have other powers under legislation such as the Environmental Protection Act 1990, the Prevention of Damage by Pests Act 1949 and the Anti-social Behaviour, Crime and Policing Act 2014. These powers apply to all residential properties in the Borough, including licensed and unlicensed HMOs. There are also requirements under The Management of Houses in Multiple Occupation (England) Regulations 2006 that apply to all HMOs, which cover such matters as rubbish disposal and untidy gardens, as well as conditions within the property.

Environmental Health must issue an HMO licence with appropriate conditions where:

·         The house is reasonably suitable for occupation having regard to amenity levels, available living space and general health and safety considerations.

·         Management arrangements are satisfactory.

·         The licensee, manager and others involved in the running of the property are fit and proper persons.

Spelthorne’s HMO licence condition for ASB has recently been revised and strengthened following discussion with our Community Safety team, where it was agreed that HMO landlords should be taking more responsibility to manage anti-social behaviour from the residents of their HMO, and we shall take enforcement action where appropriate to ensure this happens. A landlord guide to ASB has also been produced and is available on our website”.