Houses in Multiple Occupation - Changes in Circumstances

 

Licence

Application to Vary a Licence for a House in Multiple Occupation (HMO)

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Summary

Tamworth Borough Council can vary a licence for a licensed House in Multiple Occupation (HMO) issue under Part 2 of the Housing Act 2004 (OPSI website) either at the request of the licence holder or of their own accord.

Declaration

Upon completion of your application you will be required to confirm that you:

a) have read fully and understood the contents of this form and any supporting information and agree to the terms and /or conditions set out within;

b) understand that by submitting this application, you consent to Tamworth Borough Council passing on the data within this application and its supporting documents to any authority or person that will assist its determination of this application, or as required by law;

c) declare that the information provided is true to the best of your knowledge and belief;

d) understand that if any false information is provided you may be guilty of an offence and liable to prosecution;

e) understand that if the application is authorised you must inform the authority about any changes to circumstances that mean you no longer meet the conditions for the authorisation;

f) understand where a statutory declaration has been provided it may be forwarded to the Police.

Fees

None.

Eligibility Criteria

You must already hold a House in Multiple Occupation licence issued by Tamworth Borough Council.

Regulation summary

A summary of the regulation relating to this licence can be found here:

A summary of the regulation relating to this licence (Communities website).

Click on the following link to access guidance to assist with completion of your online application

Guidance - making an online application (pdf)

Attachments to be submitted with your application

The following supporting documents are required and should be uploaded with your application:

a) If the property layout has changed please submit plans showing the changes (if applicable);

b) building regulation approval (if applicable);

c) planning consent (if applicable).

d) Please note, if any of the safety certificates (fire alarm test, gas safety, portable appliances, periodic inspection report for electrical installations) you submitted to us earlier have expired please provide the updated copies.

e) Amended fire safety risk assessment (if applicable)

Online application form

Online facilities available through the national Business Link portal:

You can tell us about a change to your existing House in Multiple Occupancy Licence here  

Apply by hand or by post

If you do not wish to apply on line you can download an application form, complete and submit it to Tamworth Borough Council together with the items listed above in the section entitled "Attachments to be submitted with your application":

Word version:

House in Multiple Occupation Variation Application Form (word)

Guidance HMO Applications (word)

 

PDF version:

House in Multiple Occupation Variation Application Form (pdf)

Guidance HMO Applications (pdf)

 

Application evaluation process

A varied licence will be granted if the applicant can demonstrate the following (where applicable):

a) the property is suitable for the proposed changes;

b) the management arrangements are still satisfactory;

c) any new proposed manage (who is not the licence holder) has control of the house, and is a fit and proper person to be the manager.

Please note, that HMO Licences are not transferable.

Processing timescales

Following receipt of a completed application, the property may need to be inspected before the application can be processed and a licence variation application determined.

Once the property condition has been judged satisfactory, Tamworth Borough Council will determine the application within 30 calendar days.

Will tacit consent apply

Tacit consent does not apply.  It is in the public interest on the grounds of public safety that Tamworth Borough Council must process your application before it can be granted. 

If you have not heard from us within a reasonable period, please contact us.  You can do this online if you applied through the UK Welcomes service (Business Link website) or use the contact details below.

Failed application redress

If your application for a variation of your House in Multiple Occupation licence is refused Tamworth Borough Council will notify you in writing of the decision at the earliest opportunity.  The notification will include the reasons for refusal and the matters necessary to satisfy the legal requirements. 

Please contact Tamworth Borough Council in the first instance.

Click here for further information on refused applications.

You may appeal to a Residential Property Tribunal (website) if your variation application is refused.  The correspondence sent with your notification of refusal will explain how to submit an appeal.  Any appeal must be made within 28 days of the decision being made.

Licence holder complaints

Please contact Tamworth Borough Council in the first instance.

You may appeal to a residential property tribunal (website) regarding conditions attached to a licence or any decision to vary or revoke a licence.

Any appeal must be made within 28 days of the decision being made.

If you are a tenant and wish to complain about the House in Multiple Occupation you live in or about your landlord you can also contact us.  We will not let your landlord know that you have complained to us without your permission.  You can contact our Housing Advice team about illegal evictions:

Telephone: 01827 709459

Email: housingadvice@tamworth.gov.uk

 

Other complaints

If you have some other complaint, for example, about noise or pollution please email Tamworth Borough Council at

enquiries@tamworth.gov.uk

Any information you give will be treated in the strictest confidence.

Contact

Private Housing Enforcement Team
Marmion House
Lichfield Street
Tamworth
Staffordshire
B79 7BZ

Email

privatehousing@tamworth.gov.uk

Telephone

01827 709486

Related trade associations & external links

Association of Residential Letting Agents (ARLA) (website)

British Property Federation (BPF) (website)

Department for Communities and Local Government (website)

Health and Housing Rating System (website)

Health and Safety Executive (HSE) - Gas Safety Pages (website)

Health and Safety Executive (HSE) - Legionnaires disease in residential accommodation (website)

Home Stamp (website)

Home Stamp fire and security protection standards (website)

Housing Act 2004 (website)

Local Authority Co-Ordinators of Regulatory Services (LACORS) (website)

Midland Landlord Accreditation Scheme (website)

National Federation of Property Professionals (website)

National Approved Letting Scheme (website)

Residential Landlord Association (website)

Trader Register (helps you find reliable, trustworthy tradesmen in Staffordshire) (website)

 

Public Register

Please click here to view the public register of Houses in Multiple Occupation.

 

This page was last updated 18 August 2010

V4.03a