MANDATORY HMO
LICENSING
CONDITIONS
Housing Standards
Community Housing
Services
Housing Act 2004 Prescribed Conditions :
1) If gas is supplied to the house, produce to the authority annually for their inspection, a gas
safety certificate obtained in respect of the house within the last 12 months.
2) Keep electrical appliances and furniture provided by him/her in the house in a safe
condition and to supply the authority, on demand, with a declaration by him as to the safety
of such appliances and furniture.
3) Ensure that smoke alarms are installed within the house and keep them in proper working
order and to supply the authority, on demand, with a declaration by him/her as to the
condition and positioning of such alarms. (On request the Fire & Rescue Service may
provide free of charge a fire risk assessment and smoke alarms)
4) Supply the occupiers of the house a written statement of the terms under which they
occupy it.
The tenancy agreement must include information with regard to the following:
The amount of rent payable;
The frequency of payments;
The details of any utilities or other charges included in the rent;
The responsibility for payment of Council Tax;
The responsibility for payment of utilities and arranging provision of such.
An explanation of the repairing responsibilities between landlord and tenant.
The landlord must provide all tenants who do not have a tenancy agreement with a
tenancy agreement.
Additional mandatory licensing conditions:
5) The licence holder must provide maintenance reports to Bolton Council on request with
regards to emergency lighting, fire detection and alarm systems. These must be undertaken
by a qualified fire alarm engineer and certification provided to confirm the systems comply
with the relevant British Standards;
6) The licence holder must produce on request a satisfactory Periodic Installation Report
(PIR) carried out by a suitably qualified electrical contractor who should be
registered/member of an approved body such as NICEIC, NAPIT etc or registered to
undertake electrical works in accordance with Part P of the Building Regulations. Such
reports should not be more than 5 years old.
7) If the property is provided on a furnished basis, which includes electrical appliances, the
licence holder must produce to Bolton Council for their inspection a portable appliance test
(PAT) certificate within the first twelve months of the licence period or upon termination of
the current tenancy
8) A copy of the licence including the attached conditions should be displayed within the
common parts of the premises.
9) The licence holder will ensure that any furniture supplied at the start of a tenancy or
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licence is in safe and good condition and maintained or replaced as far as it is the Landlords
responsibility throughout the tenancy.
10) The licence holder will provide their tenant(s) with written information explaining how the
tenant can make a complaint in relation to matters concerning their tenancy and how the
licence holder will deal with such, including the timescales for completion of repair works.
Note: The licence holder may use the Greater Manchester Code of Standards and
Management Practice as guidance to comply with this condition.
11) The licence holder must ensure that any persons who assist in the management of the
property not detailed within the original application form must be fit and proper and must
notify the authority of these changes. Where necessary the authority will require a
declaration to be signed by the person assisting in the management of the property that they
meet the fit and proper criteria.
12) The licence holder/manager must notify Bolton Council of any fires that have occurred at
the premises within 24 hours (or the next working day i.e. Monday if fire occurred on a Friday
evening or Saturday).
13) The licence holder must not allow the property to be overcrowded and communal rooms
(e.g. living rooms) must not be used as bedrooms. If the licence holder becomes aware of
overcrowding at the property, they must take all reasonable steps to deal with the issue and
advise the authority of the actions taken.
14) The licence holder/manager will make arrangements for the cleaning of all common
parts and shared facilities and ensure the cleaning of these areas takes place.
15) The Licence Holder will provide clear information relating to the tenants responsibilities
for the condition of the property and payment of any utility bills at the end of the tenancy.
16) When gas and electricity are supplied through pre-payment meters, tokens and cards
must be readily available from a local source at the price set by the utility provider.
17) Where major works are required during the period of the tenancy, the licence holder will
provide suitable alternative accommodation for the period during which works are carried
out.
18) Where previous tenants have not surrendered keys, the licence holder will arrange for a
lock change to be undertaken, prior to new tenants moving in.
When the tenant “checks in” a detailed inventory must be completed by the licence
holder. The inventory will be initialled on all pages by both parties, signed and dated
by them on the last page. A copy should be provided to the tenant and the licence
holder should retain a copy for his own records. The above procedure must be
repeated for “check out” inventory at the end of tenancy.
Note: Inventory covers items included within the tenancy and the condition of the
property.
19. At the beginning of each new tenancy the licence holder will inform tenants in writing of
proper refuse management. This must include information covering the usual days of refuse
and recycling collection by the authority and the contact details for refuse/bulky item
collections undertaken by the Bolton Council.
The licence holder should retain a copy of the information provided, signed by the tenant
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acknowledging receipt and produce this on request to the authority.
20) The number of persons residing in the premises at any one time shall not exceed the
maximum number of occupants stated on the licence.
21) The licence holder must ensure that all monies in respect of the licence fee and licensing
inspection are paid to Bolton Council by the due date.
22) The licence holder and/or his nominated managing agent shall undertake training
courses provided through LA where appropriate.
23) The licence holder and his managing agent must inform Bolton Council of any changes
in their circumstances including;
Any new convictions/formal cautions;
Change of ownership of the licenced property;
Change in managing agent;
Any substantial works to the property.
24) The licence holder must inform Bolton Council of any steps being taken to sell the
property including the details of any successful purchaser(s).
25) The licence holder must ensure that any persons involved with the management of the
house are to the best of their knowledge “fit and proper persons” for the purposes of the Act.
26) The licence holder will provide any existing tenants without a written tenancy agreement
with one, confirming the terms on which they occupy the property.
27) The licence holder is required to demand references from persons who wish to occupy
the house and supply evidence of these to Bolton Council on demand.
28) The licence holder will respond to reference requests within reasonable timescales and
provide an honest and accurate reference relating to existing or past tenants.
29) The licence holder must respond as required to any written requests made by the
authority, Police, Fire and Rescue Service or other members of Bolton’s Crime and Disorder
Partnership (this includes requests for information including requests for personal
information made under section 29 of the Data Protection Act 1998) and attendance at
meeting relating to the management of their property.
30) The licence holder where directed by the authority or Police, and with their support, must
take prompt action that is within their power to terminate a tenancy to prevent anti-social
behaviour and nuisance.
31) The licence holder must ensure that all new tenancy agreements include the following
clause covering anti-social behaviour.
Anti Social Behaviour Clause
Nuisance and Anti Social Behaviour: Not to cause or allow household members, or visitors
to cause a nuisance or annoyance to the landlord, other tenants, or neighbours within the
locality.
(Anti Social Behaviour includes minor problems with dogs, children, untidy gardens and
lifestyle cases through to serious noise problems, violent and criminal behaviour, domestic
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abuse, the supply and use of controlled drugs, and intimidation or racial harassment. A racist
incident is any incident which is perceived to be racist by the victim or any other person).
Note: The licence holder can contact BARLO for guidance to comply with this condition.
End of Standard Conditions
Extra Conditions on HMO Licence number:
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