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Notice of Designation of an Area for Selective Licensing 2/2023

Notice of Designation of an Area for Selective Licensing 2/2023

The London Borough of Brent Council Designation for an Area for Selective Licensing No:2/2023

This notice is published in accordance with Sections 80 to 84 of the Housing Act 2004 and Regulation 9 of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006.

Notice is hereby given that, on the 30 November 2023, the Secretary of State for Department for Levelling Up, Housing & Communities, confirmed the Designation will come into force on 1 April 2024.

  1. On 17 July 2023, in the exercise of its powers under section 80 of the Housing Act 2004 (“the 2004 Act”), the London Borough of Brent (“the Council”) of Brent Civic Centre, Engineers Way, Wembley Park, Wembley HA9 0FJ made the London Borough of Brent Designation of an Area for Selective Licensing 2023 (“the Designation”) as described in paragraph 5.
  2. This Designation falls within a description of designations for which the Secretary of State’s confirmation was required by the Secretary of State for the Department for Levelling Up, Housing & Communities (“DLUHC”) under the Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015.
  3. Notice is hereby given that, on the 30 November 2023, the Secretary of State for Department for Levelling Up, Housing & Communities under the power conferred on him by section 82 (2) of the Act hereby confirmed the scheme described above and confirmed the Designation shall come into force on the 1 April 2024.
  4. The Designation and area that it applies unless previously revoked, shall cease to have effect after 3 March 2029.
  5.  The Designation applies accordingly to 18 wards in the London Borough of Brent: Alperton, Barnhill, Brondesbury Park, Cricklewood & Mapesbury, Kenton, Kilburn, Kingsbury, Northwick Park, Preston, Queens Park, Queensbury, Roundwood, Stonebridge, Sudbury, Tokyngton, Welsh Harp, Wembley Central and Wembley Hill.
  6. The wards excluded from this Designation are Wembley Park because it does not meet the criteria to be designated, and the wards of Dollis Hill, Harlesden & Kensal Green and Willesden Green as they form part of the previous Designation no. 1/2023.
  7. A map of the designation can be viewed at the Brent Civic Centre and on our website.
  8. The Designation applies to any house which is let or occupied under a tenancy or licence within the area described in paragraph 6 unless:

    (a) the house is a House in Multiple Occupation (HMO) and is required to be licensed under Part 2 of the Act;
    (b) the tenancy or licence of the house has been granted by a registered social landlord;
    (c) the house is subject to an Interim or Final Management Order under Part 4 of the Act;
    (d) the house is subject to a temporary exemption under section 86 of the Act; or
    (e) the house is occupied under a tenancy or licence which is exempt under the Act or the occupation is of a building or part of a building so exempt as defined in The Selective Licensing of Houses (Specified Exemptions)(England) Order 2006 – SI 370/2006.

  9. The London Borough of Brent Council will comply with the notification requirements contained in section 83 of the Act and shall maintain a register of all houses registered under this designation, as required under section 232 of the Act.
  10. Upon the Designation coming into force on 1 April 2024, any person who operates a licensable property without a licence, or allows a licensed property to be occupied by more households or persons other than as authorised by a licence, is liable to prosecution under Section 95(1) of the Act, and upon summary conviction is liable to an unlimited fine, or a financial penalty not exceeding £30,000. A person who breaches a condition of a licence is liable upon summary conviction to an unlimited fine, or a financial penalty not exceeding £30,000.
  11. In addition, such a person may be required to repay up to 12 months’ rent if the tenant or the Council, in the case of housing benefit payments, apply to the Residential Property Tribunal under the provisions of section 96 and section 97 of the Housing Act 2004 for a rent repayment order. No notice under section 21 of the Housing Act 1988 may be given in relation to an assured shorthold tenancy of the whole or part of an unlicensed house so long as it remains an unlicensed house.
  12. Any landlord, managing agent or tenant within the designated areas of the Borough should seek advice from the Council as to whether their property is affected by the Designation during normal office hours, which are: 9am to 5pm, Monday to Friday.
  13. An application form, general advice and any further information regarding the Designation may be obtained from Private Housing Services at Brent Civic Centre, Engineers Way, Wembley, Middlesex HA9 0FJ; www.brent.gov.uk/prslicensing (Tel: 020 8937 2384/5 and email: PRSlicensing@brent.gov.uk).
  14. The Designations in respect of selective licensing in the Council ward areas in the London Borough of Brent may be inspected at this address and a copy of the Designation can be obtained from Brent Council’s website.

View the legal notice of Designation of an area for Selective Licensing 2/2023

Last updated 20/03/24