Councillors to debate new HMO licensing scheme proposals as council inspections drop by 33%

A new additional licensing scheme could be introduced after concerns were raised over the “quality, appropriateness and size of accommodation” being offered to those who live in houses in multiple occupancy (HMOs) in the area.

There has been a growing number of complaints from councillors in recent years over the number of HMO related application being put forward for consideration and also the size and standard of the housing.

Residents and councillors who represent areas with a large number of HMOs have also raised concerns about antisocial behaviour and rubbish.

In 2019 councillors Mike Morris and Adrienne Jeorrett submitted a Scrutiny topic request form following concerns about the size, quality and appropriateness of some of the HMOs in the area.

During a separate meeting that year, there were calls for more action to “tackle the impact” of HMOs around the town centre.

At the end of October 2021 the current HMO Additional Licensing five year scheme – which requires landlords to ensure living standards are up to scratch and that their properties are properly managed or potentially face enforcement action – comes to an end.

Earlier this members of the council’s executive board agreed to launch a consultation on the renewal of the scheme, which covers about 300 HMOs in the area.

The outcome of this consultation and options available to the council will be taken to the executive board for consideration in September.

In a report due before the council’s homes and environment scrutiny committee this week, members will discuss the current applied legislation, standards and guidance relating to the additional licensing of HMOs.

It explains: “Part 2 of the Housing Act 2004 empowers Local Authorities to implement discretionary HMO licensing schemes which apply to all HMOs, except those subject to mandatory licensing.

“The current prescribed standards were produced in 2014 and the general guidance notes amended in 2018. The HMO Licensing Policy was updated in 2019

“The local standards, particularly the space standards which Members have raised concerns about, are equivalent to other Local Authorities’ standards in Wales (e.g. Flintshire County Council has used Wrexham standards for a number of years and Denbighshire standards are very similar).”

The document also outlines the types enforcement activity undertaken by officers – reactive, which comes off the back of complaints or enquiries and proactive, programmed inspections of licensed HMOs.

In the 2019/20 period 60 programmed and 42 reactive inspections were carried out. This compares to 97 visits in 2018/20, 165  visits in 2017/18 and 152 visits in 2016/17. Overall there was a drop of 33% of inspections from 16/17 compared to 19/20.

Less of both visits were undertaken during 2020/21 due to the coronavirus pandemic and lockdown.

The report explains: “The type of enforcement action undertaken by officers depends on a number of factors judged against the requirements in the Public Protection Enforcement Policy (2017).

“In most cases an issue can be resolved by the officer making a telephone call or sending an email to a Licensee or Landlord / Letting Agent and in some cases sending a letter also.

“In a small number of cases formal action is required by serving a statutory enforcement notice or pursuing prosecution proceedings.”

Audits of properties can also be carried out by Rentsmart Wales, with the main enforcement activity undertaken relating to “the service of fixed penalty notices (FPNs) and prosecutions against Landlords and letting Agents for unregistered properties and not having a RSW license to manage these properties.”

The report will be debated by members of the council’s homes and environment committee at 2:30pm on June 16. The meeting will be broadcast on the Wrexham Council website for public viewing.