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DESIGNATION OF AN AREA FOR SELECTIVE LICENSING Section 80, Housing Act 2004

Notice ID: WAT1579816

Notice effective from
30th January 2020 to 29th February 2020

Waltham Forest Public Notice
DESIGNATION OF AN AREA FOR SELECTIVE LICENSING Section 80, Housing Act 2004
The London Borough of Waltham Forest ("Council") in exercise of its powers under section 80 of the Housing Act 2004 has on 11 July 2019 designated an area in its district as delineated in red as Selective Licensing (excluding Endlebury and Hatch Lane wards) as per MAPI below
Private Rented Property Selective Licensing Designation Boundary
Website:

www.walthamforest.gov.uk/content/private-rented-property-licensing

Email:

propertylicensing@walthamforest.gov.uk

, Tel: 020 8496 4949 WARNING
Upon the designation coming into force on 1 May 2020 any person who operates a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by a licence, is liable to prosecution and upon summary conviction is liable to an unlimited fine. A person who breaches a condition of a licence is liable upon summary conviction to an unlimited fine. The Authority may as an alternative to initiating a prosecution pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £30,000. When an offence has been committed an application may also be made by the Authority and/or tenant for a Rent Repayment Order to pay back up to 12 month's rent, Housing Benefit or Universal Credit. The Authority may also make an Interim Management Order whereby the Authority would take management control of the unlicensed property. Signed
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Cllr Louise Mitchell, Portfolio holder and elected Cabinet For and on behalf of London Borough of Waltham Forest, Town Hall, Forest Road, E17 4JF 22 January 2020
Annex A: Paragraph 5(f): Exempted tenancies or licences Prohibition of occupation by law
1. A tenancy or licence of a house or a dwelling within a house where the house or the dwelling is subject to a prohibition order made under section 20 of the Act the operation of which has not been suspended under section 23.

Certain tenancies which cannot be assured tenancies
2. A tenancy which cannot be an assured tenancy by virtue of section 1 (2) of the Housing Act 1988 comprised in Part of Schedule 1 of the Act and which is:

(a) a business tenancy under Part II of the Landlord and Tenant Act 1954;

(b) a tenancy under which the dwelling-house consists of or comprises premises, which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of Section 14 of that Act) for consumption on the premises;

(c) a tenancy under which agricultural land, exceeding two acres, is let together with the house;

(d) a tenancy under which the house is comprised in an agricultural holding or the holding is comprised under a farm business tenancy if it is occupied (whether as tenant or as a servant or agent of the tenant), in the case of an agricultural holding, by the person responsible for the control of the farming of the holding, and in the case of a farm business tenancy, by the person responsible for the control of the management of the holding.

Tenancies and licences granted etc. by public bodies
3. A tenancy or licence of a house or dwelling within a house that is managed or controlled by:

(a) a local housing authority;

(b) a police authority established under section 3 of the Police Act 1996 or the Metropolitan Police Authority established under section 5B of that Act;

(c) a fire and rescue authority under the Fire and Rescue Services Act 2004;

(d) a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990.

Tenancies, licences etc. regulated by other enactments
4. A tenancy, licence or occupation of a house which is regulated under the following enactments:

(a) sections 87 to 87D of the Children Act 1989;

(b) section 43 (4) of the Prison Act 1952;

(c) section 34 of the Nationality, Immigration and Asylum Act 2002;

(d) The Secure Training Centre Rules 1998;

(e) The Prison Rules 1998;

(f) The Young Offender Institute Rules 2000;

(g) The Detention Centre Rules 2001;

(h) The Criminal Justice and Court Service Act 200 (Approved Premises) Regulations 2001;

(i) The Care Homes Regulations 2001;

(j) The Children's Homes Regulations 2001; (k) The Residential Family Centres Regulations 2002. Certain student lettings etc.
5. A tenancy or licence of a house or a dwelling within a house -

(i) which is managed or controlled by a specified educational establishment or is of a specified description of such establishments and

(ii) the occupiers of the house or dwelling are undertaking a full-time course of further or higher education at the specified establishment and

(iii) the house or dwelling is being managed in conformity with an Approved Code of Practice for the management of excepted accommodation under section 233 of the Act

Long leaseholders
6. A tenancy of a house or a dwelling within a house provided that -

(i) the full term of the tenancy is for more than 21 years and

(ii) the tenancy does not contain a provision enabling the landlord (or his successor his in title) to determine it other than by forfeiture, earlier than at the end of the term and

(iii) the house or dwelling is occupied by a person to whom the tenancy was granted or his successor in title or by any members of either of those person's family.

Certain family arrangements
7. A tenancy or licence of a house or a dwelling within a house where -

(i) the person who has granted the tenancy or licence to occupy is a member of the family of the person who has been granted the tenancy or licence and

(ii) the person who has granted the tenancy or licence to occupy is the freeholder or long leaseholder of the house or dwelling and

(iii) the person occupies the house or dwelling as his only or main residence Holiday lets

8. A tenancy or licence of a house or a dwelling within a house that has been granted to the person for the purpose of a holiday.

Certain lettings etc. by Resident Landlord etc
9. A tenancy or licence of a house or a dwelling within a house under the terms of which the person granted the tenancy or licence shares the use of any amenity with the person granting that tenancy or licence or members of that person's family. An "amenity" includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase, corridor or other means of access.

Interpretation In Annex A -
(a) a "person" includes" persons", where the context is appropriate;

(b) a "tenancy" or "licence" includes "a joint tenancy" or "joint licence", where the context is appropriate;

(c) "long leaseholder" in paragraph 7 (ii) has the meaning conferred in paragraphs 6 (i) and (ii) and in those paragraphs the reference to "tenancy" means a "long lease";

(d) a person is a member of the family of another person if -

(i) he lives with that person as a couple;

(ii) one of them is the relative of the other; or

(iii) one of them is, or is a relative of, one member of a couple and the other is a relative the other member of the couple

and
(iv) For the purpose of this paragraph -

(1) "couple" means two persons who are married to each other or live together as husband and wife or in an equivalent arrangement in the case of persons of the same sex;

(2) "relative" means a parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;

(3) a relationship of the half-blood is to be treated as a relationship of the whole blood and

(4) a stepchild of a person is to be treated as his child

"I
The designation has been made under the general approval granted under Section 80 of the Act and was approved by Cabinet decision taken on the 11 July 2019.
The designation falls within a description of designations for which confirmation is required by Secretary of State under the General Approval issued on 1 April 2015. The Secretary of State has confirmed the designation, which will come into force 1 May 2020. CITATION, COMMENCEMENT AND DURATION
1. This designation may be cited as the London Borough of Waltham Forest Designation for an Area for Selective Licensing 2020.

2. The Designation was made on 11 July 2019 and shall come into force on 1 May 2020.

3. It shall cease to have effect on 30 April 2025 (not more than 5 years) or earlier if the Council revokes the scheme under section 84 of the Act.

AREA TO WHICH THE DESIGNATION APPLIES
4. This designation shall apply to 18 out of 20 wards in the London Borough of Waltham Forest (excluding Hatch Lane and Endlebury) as delineated and edged red on Map 1.

APPLICATION OF THE DESIGNATION
5. This designation applies to any house which is let or occupied under a tenancy or licence within the area described in paragraph 4 unless:

a. the house is a house in multiple occupation [HMO] that falls within the nationally prescribed category of HMO that is required to be licensed as a 'mandatory HMO' under section 55(2)(a) Part 2 of the Act;

b. the house is a house in multiple occupation that falls within the prescribed category of HMO that is required to be licensed under the London Borough of Waltham Forest Additional HMO Licensing Scheme made under Section 56 of the Housing Act 2004;

c. the tenancy or licence of the house has been granted by a registered social landlord;

d. the house is subject to an Interim or Final Management Order under Part 4 of the Act;

e. the house is subject to a temporary exemption under section 86 of the Act; or

f. the house is occupied under a tenancy or licence which is exempt under the Act or the occupation is of a building or part of a building so exempt as defined in Annex A.

EFFECT OF THE DESIGNATION
6. Subject to sub paragraphs 5(a) to (f) every house in the area specified in paragraph 4 that is occupied under a tenancy or licence shall be required to be licensed under section 85 of the Act.

7. The London Borough of Waltham Forest will comply with the notification requirements contained in section 83 of the Act and shall maintain a register of all houses registered under this designation, as required under section 232 of the Act.

This designation is made by the London Borough of Waltham Forest, Town Hall, Forest Road, E17 4JF; telephone number 020 8496 3000 (general enquiries).
The designation may be inspected at the following address during office hours. Anyone wishing to inspect the
designation should call 020 8496 4949 to arrange to do so:
Private Sector Housing and Licensing Team
London Borough of Waltham Forest
3 The Square, High Road, Leyton, London E10 5NR
All landlords, managing agents or tenants within the designated areas should obtain advice to ascertain whether their property is affected by contacting the Council's Private Sector Housing and Licensing Team by telephone 0208 496 4949 or by email to

propertylicensing@walthamforest.gov.uk


If you are a landlord, managing agent, or a tenant, requiring any further information regarding this designation, or to apply for a licence, further information and assistance is available from the Council's Private Sector Housing & Licensing Team:

Attachments

WAT1579816.pdf Download

London Borough of Waltham Forest

Town Hall , Forest Road , Walthamstow , London , E17 4JF

http://www.walthamforest.gov.uk/pages/index.aspx 020 8496 3000

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