Public notice
Notice is hereby given that on 18 February 2025, Gateshead Council ("the Council") acting as a Local Housing Authority in exercise of its powers under the The Housing Act 2004 (opens new window) (the Act) has designated two new property licensing schemes.
The selective incensing designation :
1. Acting in exercise of its powers under Part 3, Section 80 of the Act, the Council has designated for Selective Licensing the area described in paragraph 2 below (The Selective Licensing Designation). The Selective Licensing Designation applies to any private rented property which is let or occupied under a tenancy or licence to a single person, two people sharing, or a single household within the area, unless one of the exemptions specified in the Act applies.
2. The Selective Licensing Designation covers 16 Lower Super Output Areas (neighbourhoods), and will be implemented over two phases as below:
Phase 1 shall come into force on 1 June 2025 and includes the following neighbourhoods: Bensham North/Windmill Hills, Bensham Central and West, The Avenues, Bensham South/Avenues North, Bensham West/Avenues, Beacon Lough East and Birtley/Birtley Industrial and Chopwell North.
Phase 2 shall come into force on 1 October 2025 and includes the following neighbourhoods: North Felling/Felling Shore Industrial, Derwentwater East, Derwentwater West/Racecourse Estate, Swalwell North/Metro Centre, Kelvin Grove, Felling Falla Park, Sunderland Road and Shipcote.
3. Phase 1 of the Selective Licensing Designation shall cease to have effect on 31 May 2030, or earlier if the Council revokes the Designation under Section 84 of the Act. Phase 2 of the Selective Licensing Designation shall cease to have effect on 30 September 2030, or earlier if the Council revokes the Designation under Section 84 of the Act.
The additional licensing designation:
4. Acting in exercise of its powers under Part 2, Section 56 of the Act, the council has designated the area described in paragraph 5 below as subject to Additional Licensing for Houses in Multiple Occupation ("HMOs") (The Additional Licensing Designation). The Additional Licensing Designation applies to HMOs that are occupied by three or four unrelated persons, living in two or more separate households sharing one or more basic amenity, that fall outside the scope of Mandatory HMO licensing, and unless one of the exemptions specified in the Act applies.
5. The Additional Licensing Designation will be implemented over 1 phase as below:
Phase 1 shall come into force on 1 June 2025 and includes the following neighbourhoods: Bensham North/Windmill Hills, Bensham Central and West, The Avenues, Bensham South/Avenues North, Bensham West/Avenues, Beacon Lough East and Birtley/Birtley Industrial. Chopwell, North Felling/Felling Shore Industrial, Derwentwater East, Derwentwater West/Racecourse Estate, Swalwell North/Metro Centre, Kelvin Grove, Felling Falla Park, Sunderland Road and Shipcote.
6. The Additional Licensing Designation shall cease to have effect on 31 May 2030 or earlier if the Council revokes the Designation under Section 60 of the Act.
The designations
7. Neither the Selective Licensing Designation nor the Additional Licensing Designation (The Designations) need the confirmation of The Secretary of State as both fall within a description of designations for which a general approval has been given under Sections 58(5) and (6) and Sections 82(5) and (6) of the Act: namely the Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2024, which came into effect on 23 December 2024
8. In respect of The Designations, The Council will comply with the notification requirements contained in sections 59 and 83 of the Act and in accordance with Regulation 9 of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006.
9. A person having control or managing a property in the Designated Areas detailed at paragraphs 2 and 5 above must apply to Gateshead Council for a licence. Failure to apply for a licence is an offence under sections 72(1) and 95(1) of the Housing Act 2004, for which a person will be liable to enforcement action. This may be by way of a prosecution on summary conviction which carries an unlimited fine or by way of a civil penalty up to a maximum of £30,000. In addition, a management order may be made, and such persons may be prevented from holding a licence and/or be made subject to a rent repayment order in respect of the property requiring the repayment of rent collected whilst the property was unlicensed. In addition, no section 21 notice may be given in relation to a Shorthold Tenancy of the whole or part of an unlicensed house so long as it remains such a house.
10. Any private landlord, person managing or tenant within the Designated Areas is advised to check our property licensing webpage and/or seek advice from the Council to confirm whether their property/ies are affected by the Designation visit Selective landlord licensing
The Notice of Designations may be inspected during normal office hours and the address where inspections, applications for licenses, and requests for general advice should be made is:
Gateshead Civic Centre
Housing, Environment and Healthy Communities
Second floor, Regent Street
Gateshead
NE8 1HH
privatelandlords@gateshead.gov.uk or call 0191 4333926 / 0191 4333365
Dated: 19 February 2025
By Order of the Council
Kevin Scarlett Interim Strategic Director