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Publication - Guidance

Registration of Private Landlords: Guidance for Local Authorities

Published: 9 Oct 2009
ISBN:
978 0 7559 9114 3

General guidance for Local Authorities to administer and manage the Private Landlord Registration Scheme

80 page PDF

502.1kB

80 page PDF

502.1kB

Contents
Registration of Private Landlords: Guidance for Local Authorities
ANNEX 2: PROCEDURES FOR PASSPORTING HMO LANDLORDS

80 page PDF

502.1kB

ANNEX 2: PROCEDURES FOR PASSPORTING HMO LANDLORDS

The table below provides guidance on the required and suggested actions that should flow from different 'interactions' between licensed HMOs and registered landlords and agents.

ACTION

Licensed owner or manager/agent with only HMO houses

  • Passported automatically to the landlord register with no further assessment
  • The licence-holder is notified and required to inform the local authority of any non- HMO houses he or she owns
  • The licensing section must be informed of any changes to the licence-holder's details, and if he or she acquires any new HMO property (requires to apply for a new licence) or disposes of any HMO property (requires to surrender the licence). The authority should amend the register accordingly
  • If an HMO licence is revoked or the authority refuses its renewal, registration must be reviewed. Depending on the grounds for revoking or refusing licensing, registration may or may not need to be revoked as well
    • If the individual holds HMO licences in more than one local authority area, they should be passported to each register. If one authority subsequently revokes or refuses to renew an HMO licence, this should be communicated to the other authority(ies) and each should review registration, taking account of whether the same circumstances are applicable in their area

Licensed HMO owner with both HMO and non- HMO houses

  • Passported automatically to the landlord register with no further assessment as already passed as fit and proper person
  • The licence-holder is notified and required to inform the local authority of any non- HMO houses he or she owns
  • If any of the non- HMO properties appears on the review list, the registration should be reconsidered
  • If grounds arise to justify revoking landlord registration, the HMO licence must be revoked as well (as the owner is no longer fit and proper to be allowed to continue letting) unless there is a possibility of management of all the houses being transferred to a registered agent or agents (see section 3.4 The fit and proper test)
  • If an HMO licence is revoked or the authority refuses its renewal, registration must be reviewed. Depending on the grounds for revoking or refusing licensing, registration may or may not need to be revoked as well
  • The licensing section must be informed of any changes relating to the HMO property, and the registration section of any changes to the non- HMO portfolio. Any changes to the HMO record must also be made to the register
  • If the individual holds HMO licences in more than one local authority area, they should be passported to each register, with the addresses of non HMO houses in each area attached to the landlord's registration record in that area. If one authority subsequently revokes or refuses to renew an HMO licence, this should be communicated to the other authority(ies) and each should review registration, taking account of whether the same circumstances are applicable in their area

New owner/ landlord applying for an HMO licence for a house

  • The owner should be assessed as fit and proper as part of the HMO licence assessment
  • If approved for an HMO licence the owner should be automatically passported to the landlord register
  • If not approved for an HMO licence due to failing the fit and proper person test, the owner should not be placed on the landlord register
  • If the owner is already registered in relation to non- HMO letting, he or she should be accepted as passing the fit and proper test for an HMO licence but as there are other licence requirements to consider (i.e. the standards of the house), the owner may or may not achieve an HMO licence

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