Selective Licensing Scheme Evaluation, re-designated Area Central Bensham

Inspections to assess property standards

Every property in the Re-designated licensing scheme received a property inspection. This was to ensure properties were free of Category 1 Hazards, as defined in Part 1 of The Housing Act 2004 (opens new window), The Housing Health and Safety Rating System (HHSRS). All licensable properties were ranked in order of compliance and then inspected accordingly. There were 52 properties that were subject to an unannounced property inspection accompanied by Northumbria Police, this stance was taken to all properties that were operating without a licence when the designation commenced. 

There were 158 properties where licence holders had applied for a licence in a timely manner and were operating in accordance with Part 3 of the The Housing Act 2004 (opens new window). These were inspected at a pre-arranged appointment, which was arranged at a time and day to suit the tenant. All applications that were submitted prior to the scheme going live received a £200 discount from the application fee and many Licence Holders benefited from this early application discount. 

There were 90 licence holders who applied for property accreditation at the time of submitting a licence application and were inspected to assess they met both Part 1 of https://www.nrla.org.uk/ (opens new window), The Housing Health and Safety Rating System (HHSRS), as well as the higher accreditation property standard. There were 281 hazards identified during property inspections where standards fell short of the legal requirements. 

Following the property inspection, a schedule of works was provided to the licence holder with a suitable timescale to complete all works. Suitable time frames were allocated to complete remedial works and then there were a further 351 re-inspections carried out to check that works had been completed to a good standard. However, some properties received more than one re-inspection mainly as works were not up to standard on the initial re-inspection. In total, the team 
carried out 520 re-visits to sign off and check works were completed. The team endeavoured to take an informal approach and work with Licence Holders to identify and eradicate hazards. Due to increased timescales and a slow response to complete works some properties received multiple revisits. Enforcement action was used on those cases where hazards remained outstanding after an informal time scale had lapsed or when the hazard was deemed significant that formal action was necessary. 

Disappointingly, there were a further 221 attempted visits where officers failed to gain access. These visits were a combination of both pre-arranged and unannounced inspections. Such visits were then re-arranged, sometimes using Enforcement Notices to access properties which was an additional burden to officers and time scales. 

Selective Licensing Enforcement Policy

The team pledged a commitment to ensure prompt targeting of the evasive and noncompliant landlords as a priority, and as early on in the scheme's lifespan as possible. 
The team also pledged to take a lighter touch throughout the scheme when working with consistently compliant landlords. The following provides information on how this was initially achieved at scheme commencement and thereafter.

Identification of unlicensed properties

During the course of the licensing scheme the turnover of property tenure was continually monitored by colleagues in Council Tax, this was to allow the identification of non-licensed homes that were required to be licensed and were not.

As a result of this auditing five properties were found to be operating without a licence in place mid scheme. Consequently, these landlords were subjected to a full investigation to gather evidence in a fair and robust manner. On completion of an investigation enforcement action was taken in-line with the offence. 

Breaches of licence conditions

Once a licence was issued, the team carried out monitoring checks for any breach of the licence conditions throughout the length of the licensing scheme. Non-compliance with the conditions is identified following different methods including a complaint from a tenant, landlord or resident, breach identified during follow up visits, via the annual review of a licence or by other means during communications with tenants. 

All breaches to licence conditions were investigated thoroughly prior to following the most suitable course of action depending on the severity of the breach. 
51 licence holders and licences were informally breached where non serious, noncompliance with licence conditions have been identified. This totalled 72 individual licence conditions. Common conditions being breached included failure to return the licence annual review, no inventory at tenancy start, not carrying out periodic property inspections and failing to test smoke alarms during property inspections.

Formal action for licence condition breaches

Two financial penalties were issued for serious breaches of licence conditions on one licence holder. This agent passed on the management of their portfolio in the licensing area to an alternative agent due to the outcome of the investigation.

Enforcement notices, non-compliance

Officers from the team have used a variety of different notices to enforce compliance using a range of legislation. These notices have been served on both residents and Licence Holders for non-compliance during the scheme's designation, these include the following: