Additional HMO licensing

You already need a licence for an HMO that is occupied by five or more tenants from more than one household. This applies to all HMOs that meet this criteria, irrespective of where they are located in the borough.

In some wards, you already need a licence for an HMO that is occupied by three or more tenants from more than one household. This additional licensing scheme applies to:

• Palfrey
• Paddock
• Pleck
• St Matthews

The map below shows the additional licensing scheme area (in green). To see if a specific street or property is in the area, you can zoom in using the map.

You can also download a full list of streets within the Scheme One additional licensing area.

Apply for an additional HMO licence

If you own or manage an HMO property within these wards, and do not already have a mandatory HMO licence, you must apply for an additional HMO licence.

The additional licensing rules apply from 1 September 2022 until 31 August 2027.

Update to the additional licensing scheme

Following public consultation and approval at Cabinet on 7 September 2022 the additional licensing scheme, known as Scheme Two, will be extended to cover the following wards::

• Bentley and Darlaston North
• Birchills Leamore
• Blakenall
• Darlaston South
• Willenhall South

The planned date of 1 July 2023 for the second scheme to become operational has now been delayed.  An alternative date for the second scheme to become operational will be announced and publicised soon.  Landlords will be given notice, in excess of three months, to make a prompt application and will still be able to benefit from the early bird discount.

You can contact the Housing Team for more advice on how and when to apply. You can read more about the recently approved scheme in the full Cabinet report (7 September 2022).

The map below shows the extended additional licensing scheme area (in blue). To see if a specific street or property is in the area, you can zoom in using the map.

You can also download a full list of streets within the Scheme Two additional licensing area.

What additional licensing is

Additional licensing operates in the same way and alongside the existing mandatory licensing scheme. The difference is that mandatory licensing is for HMO with five or more people, but additional licensing applies to all other HMOs.

Additional licensing means you must meet conditions to let a property as an HMO.

These conditions should lead to:

• better managed properties
• reduced anti-social behaviour (specifically untidy front gardens and dumping of rubbish)
• improved living conditions for tenants

There are eight mandatory conditions set by the government. Councils are allowed to set other conditions that they believe are appropriate. Our proposed conditions include:

• emergency lighting in HMOs, depending on their layout
• providing appropriate fire fighting equipment
• the need for landlords and agents to take reasonable and practical steps to prevent and respond to anti-social behaviour.

You can see a full list of the additional licensing conditions.

Why we have introduced additional licensing

We've introduced the scheme in the approved wards to:

• make sure that these HMOs are managed properly
• reduce complaints of noise, rubbish, housing disrepair and other anti-social behaviour related to HMOs
• continue to improve the HMO private rented sector
• make sure licence holders and managers are ‘fit and proper'
• provide fundamental basic standards of accommodation, including safe gas and electrical appliances, fire safety precautions, suitable room sizes and adequate provision of kitchens and bathrooms for the number of occupants
• help identify and deal with rogue landlords
• improve the local community

Fees

Download the proposed fee schedule for additional licensing.

Penalties

Failing to apply for a licence or breach of a licence condition

It is a legal requirement to apply for a licence, and a criminal offence if you fail to do so.

Failure to apply for a licence or a breach of licence conditions could either lead to:

• a prosecution, with the penalty of a criminal conviction and an unlimited fine, or
• a civil penalty fine of up to £30,000 per offence.

We could also add you to the National Database of Rogue Landlords and Agents if more than one civil penalty notice has been issued against you in a 12 month period.

Tenants (or the council if the council pays housing benefits towards the rent) could also seek what is known as a rent repayment order.