East Devon District Council

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Guide HMO Licensing application form guidance

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4. Section 1 -Proposed Licence Holder (PLH) details

The person who is proposing to be the licence holder must complete this section for all applications.

This module must be completed in all cases

Who should hold the licence? 

  • The Council has a duty to award the licence to the person it believes is the most appropriate person to be the licence holder and in the majority of cases this is likely to be the Owner.
  • If it is not the owner you have the opportunity to advise us on the application form why you have appointed someone else.

The proposed licence holder must live in the UK and is expected to have the power to:

  1. Let to and evict tenants and;
  2. Access all parts of the premises to the same extent as the owner and;
  3. Authorise any expenditure necessary to ensure the health safety and wellbeing of the tenants and others who may be affected by the property (including neighbours, passers-by, visitors etc).            

Ethnicity (required for Central Government Monitoring)

 Please use the following number to identify:-

  1. White British;
  2. White Irish;
  3. White Other;
  4. White and Black Caribbean;
  5. White and black African;
  6. White and Asian
  7. Other Mixed;
  8. Asian or Asian British Indian
  9. Asian or Asian British Pakistani;
  10. Asian or Asian British Bangladeshi;
  11. Asian or Asian British Other;
  12. Black or Black British Caribbean;
  13. Black or Black British African;
  14. Black or Black British Other;
  15. Chinese;
  16. Other

Other Properties Licensed under Parts 2 and 3 of the Act

 We are required to ask you to give details of all other properties you have an interest in which are to be licensed under the Housing Act 2004. This may include properties in other local authority areas and we may contact them.

You may need to contact the local authority (in which your properties are located) to answer this question as they may be considering additional licensing schemes and/or selective licensing schemes.

Declaration that the applicant has notified others of this application

You are required to notify certain people that you have made this application or give them a copy of it.

They are:-

  • any mortgagee of the property to be licensed
  • any owner of the property to which the application relates (if that is not you) i.e. the freeholder and any head lessors who are known to you
  • any other person who is a tenant or long leaseholder of the property or any part of it (including any flat) who is known to you other than a statutory tenant or other tenant whose lease or tenancy is for less than three years (including a periodic tenancy)
  • the proposed licence holder (if that is not you)
  • the proposed managing agent (if any) (if that is not you)
  • any person who has agreed that he will be bound by any conditions in a licence if it is granted

You must tell each of these people

  • your name, address, telephone number and e-mail address or fax number (if any)
  • the name, address, telephone number and e-mail address or fax number (if any) of the proposed licence holder (if it will not be you)
  • whether this is an application for an HMO licence under Part 2 or for a houses licence under Part 3 of the Housing Act 2004
  • the address of the property to which the application relates
  • the name and address of the local housing authority to which the application will be made
  • the date the application will be submitted

Fit and proper person check

  • The licence holder, owner, any manager and other persons involved in the management of the property must be 'fit and proper' persons.
  • The application form asks questions relating to the issues which must be considered in assessing 'fit and proper'. If any of the answers indicate a problem with the 'fit and proper' person check we will seek further information which will enable us to decide whether they are suitable to be involved in the management of the property.
  • If you have any 'fit and proper' person’s issues, you may wish to appoint someone else to be the licence holder for the property. However please ensure that this person has the power to do what is required and described above.
  • You will be signing a declaration at the end of this section to also state that you 'take appropriate steps to ensure that', in the employment of staff and contractors, you ensure that they are 'fit and proper' persons to undertake their respective duties.
  • If you wish to complete a CRB check and enclose this with your application EDDC’s advice is that applicants go to CRB Scotland where an application for a basic check can be made online at a cost of about £15. Please note that the ‘Basic CRB’ equivalent is called a ‘Basic Disclosure application’ in Scotland.

Please be aware that cross checks will be carried out on a proportion of applications and enquiries will be made with other local authorities and the Criminal Records Bureau. If you have already completed a CRB check for some other reason (for example working with children) it may be worth enclosing your certificate with this application.

If you are proposing to be a licence holder for more than one property in the East Devon area you will need to complete only one Fit and Proper person check on one application form – as long as you provide a list of the other properties. 

Remember to complete all the other sections for all of the properties.

Outstanding statutory notices relating to residential properties

These may include Housing Act, Environmental Protection Act, Building Act, Prevention of Damage by Pest Act and Public Health Act notices.

Management and financial resources

You are required to confirm that you have adequate financial and other arrangements in place to allow for the effective management of the property (or properties).

These arrangements need to be sufficient to enable you to:-

  • Make repayments in respect of any mortgage or other outstanding charge on the property
  • Fund emergency repair as the need for them arises
  • Plan and schedule general maintenance and upgrading to the fabric and internal fixtures and fittings
  • Meet all your statutory requirements
  • Meet any other payments as they become due.

When you tick the yes box you are declaring that your financial resources meet all of these requirements.