Options regarding Selective Licensing (SL)
8.1
Southend-on-Sea City Council has adopted a selective licensing scheme. From 1st December 2021 SLs licences are required for all rented properties within the designated area. Where a property is an HMO, the mandatory licensing of HMO regime will apply (see Section 7).
8.2
The SL regime includes arrangements for assessing the suitability of the premises for the number of occupants, including the adequacy of the amenities. It also provides for the assessment of the fitness of a person to be the licence holder and the potential management arrangements of the premises.
8.3 - Licensable properties with the adopted area operating without a licence
8.4
It is a criminal offence if a person controlling or managing a property within a selective licensable area does not have the required licence. Failure to comply with any condition attached to a licence is also an offence. The Council will consider all available enforcement options when dealing with unlicensed SL property and breaches of the licence conditions.
8.5
The Council has an intelligence-led, targeted approach to housing enforcement and the identification of properties within the selective licensing area that are operating without a licence. It will vigorously pursue anyone who is controlling or managing a licensable property without a licence and, where appropriate, it will prosecute them or impose a civil penalty.
8.6
Consideration will be given to any representations that are received from landlords in relation to exceptional circumstances that may have resulted in a 'duly made' licence application not being submitted on time.
8.7
If a landlord responds quickly to the Council's notification that a property requires a licence and they co-operate fully with the Council to ensure that the property is licensed as soon as practicable, the Council may decide (at its sole discretion) not to prosecute the landlord or impose a civil penalty. Each case will be determined on its individual merits and circumstances.
8.8
As mentioned above, it is an offence to rent a property within a selective licensing areas without a licence and penalties are set out in Appendix 3 - Civil Penalties Policy for Housing Offences.
8.9
All decisions in respect of selective licensing will be taken in accordance with the Council's published policy and the appropriate legislation and guidance.