Connecting with residents

Local campaigner Sarah Moore led a team of six people talking  to residents in Dorset Street, Stuart Place, Highland Terrace, Ayr Street.

Lots of conversations took place from residents parking, HMO's and rubbish in gardens.

We have even reported some large pot holes that we observed whilst there.

We will be following up on all the concerns that were raised over the next few days and will reply to individual residents concerned.

Get your HMO licence application in now

B&NES Council Housing Services have already received over 150 applications for HMO licences
under the new Additional HMO Licensing scheme.  Over 1,000 applications are expected to be received before the end of the year, after which a licence will be required for HMOs in some areas of Bath.

Landlords of Houses in Multiple Occupation (HMOs) in areas centred on the wards of Oldfield, Westmoreland, and parts of Widcombe will require a licence from 1 January 2014.  Some areas adjoining these Wards will are also included in the scheme.

The new scheme will provide landlords, residents and occupants with better information on the HMOs near them. It will also encourage landlords to ensure their HMOs are safer, healthier and managed according to a consistent set of standards across the scheme area.

Time is ticking for those landlords in areas where an additional licence is required. Bath & North East Somerset Council urges those HMO landlords to visit our website to apply for the licence. If a landlord isn’t sure whether or not they require either a mandatory or new additional licence, our Housing Team are a click, email or phone call away.”

The proposed new rules will guarantee good standards for everyone living in smaller HMOs and drive out bad landlords. Local people will be the ones who benefit from these new rules. Neighbours will be able to have their complaints resolved more quickly because the Council will have more powers to act.

For more information about both the existing mandatory HMO and new additional HMO licensing schemes and access an application form go to www.bathnes.gov.uk/hmos or email housing@bathnes.gov.uk or call 01225 396444.

Summary of the requirements of the new rules

• Landlords will have to show that their properties are well managed and safe;
• Tenants will enjoy improved standards, meaning their homes are safer and healthier;
• Neighbours will be able to look at a public register of HMOs to find out who manages rented properties near them, so they will know who to contact if problems occur;
• Landlords and property owners will receive better support, help and advice from the Council. They will know that consistent standards are being enforced across the area and that bad landlords will not be tolerated;
• The Council will have better enforcement powers and be able to ensure that properties are run by good landlords who comply with all the necessary regulations;

Where landlords are unwilling to or are unable to meet the requirements of licensing, the Council could step in to manage the properties.

Fines of £16,500 for law breaking landlords

I am pleased to be able to report that Landlords of three properties including one in Westmoreland ward who were riding roughshod over property management rules have been successfully prosecuted by Bath & North East Somerset Council this week (12 August 2013). Bath Magistrates handed out a combined total of £16,500 worth of fines and costs against the landlords. The prosecutions were as a result of Council inspections which uncovered poor property conditions for tenants, dangerous fire precautions, inadequate heating, broken window panes, and mould, amongst many other problems. Councillor Tim Ball (Lib-Dem, Twerton), Cabinet Member for Homes and Planning, said, “These cases serve as an important reminder for any landlord thinking they can creep below the radar of Bath & North East Somerset Council and disregard the safety of their tenants. Our message is crystal clear. If you fail to protect your tenants from potentially life changing risks like fire you will be hit in the pocket by prosecution through the courts. Our Housing Services Team is here to provide guidance for any landlord who is unclear on the rules. There is no excuse.” Graham Sabourn, Council Head of Housing, said, “We will use the powers it has at our disposal to prosecute landlords who have no regard for the rules which are there to support people’s health and maintain the safety of tenants.” If landlords are in any doubt about whether their property is an HMO or what measures they must take to ensure health and safety for their tenants, they should contact the Council’s Housing Team on 01225 396418 or email housing@bathnes.gov.uk Case details Manager of Royal Dragon, 91 Coronation Avenue • Fined £2,000 for failure to licence a licensable HMO and £2,000 for failure to manage the property. Costs were awarded at £500; • The Council were concerned about the living conditions of the shared house above the take away. Officers found the property in poor condition with extremely dangerous fire precautions, lack of heating and fall hazards. Avon Fire and Rescue served an Emergency Prohibition Order to prevent the property being used for sleeping; • The property was also found to be operating as an illegal HMO. While the owners undertook remedial work they failed to apply for an HMO licence. Leaseholders of Cinnamon, 68 High Street, Keynsham • Fined £2,000 for failure to licence a licensable HMO and £2,000 for failure to manage the property. Costs were awarded at £500; • The Council visited as part of a routine inspection program and found the property was operating illegally without an HMO licence; • The property was also in poor condition with no fire precautions, dangerous electrics, inadequate heating, and a falls from height hazard. Manager (leaseholder) of Oriental Express, 9 Lansdown Road, Bath • Fined £4,000 for failure to licence a licensable HMO and £3,000 for failure to manage the property. Costs were awarded at £500. • The Council visited the property following a complaint from a neighbour. It was found the property was in poor condition with dangerous electrics, poor fire precautions, inadequate fire separation between the takeaway and shared house, no heating, the bathroom was in disrepair, there were broken windows panes, damp and mould, and trip and fall hazards. It was established the property was operating illegally without a HMO licence.

HMO' Article 4 Directive

The much talked about Article 4 Direction triggering the need for planning permission for change of use between a dwelling house (C3) and a House in Multiple Occupation (C4) anywhere within the City of Bath has now been confirmed.

The Houses in Multiple Occupation in Bath Supplementary Planning Document was adopted on Monday 1st July ; this will be used to detail how the new planning applications will be determined.

Both the Article 4 and SPD will be effective from Monday 1^st July 2013.

Please note: This Article 4 will now appear on local land charges when a property is being purchased. There is no charge to the public for a change of use application triggered by this Article 4 Direction, as this has been brought in at the Council’s discretion and as such we are unable to charge a fee.

Please find full details online: www.bathnes.gov.uk/hmo

New Housing Regulations to affect our area

I have placed an article on the HMO market situation and how new regulations will affect the area of East Twerton, West Twerton & Oldfield Park.

I have placed this story on my personal web site and you can read it here

http://www.sharonball.org.uk/news/44-new-regulations-for-our-housing-market

Many thanks to Oldfield Councillor Will Sandry for his help with content.

Residents back council proposals on HMO's

Overwhelming public support has been received by Bath & North East Somerset Council in response to its first formal consultation on measures to better control the growth of Houses in Multiple Occupation in Bath.

Over 200 letters of support from local residents, mainly in the wards of Westmoreland, Oldfield Park and Widcombe have been received by the Council urging them to proceed with work to bring in additional controls over HMOs in the City by implementing the Article 4 Direction next year and to bring in new licencing requirements for small HMO properties.

Key concerns raised by local residents about HMOs included:


*   Impact of large numbers of HMOs on mixed communities;
*   Litter and waste management;
*   Noise and anti-social behaviour;
*   Unkempt gardens and properties in poor upkeep;
*   On street parking pressures;
*   Families being priced out by “buy to let” market.

The Council intends to introduce planning restrictions which will see planning permission required for future changes of use from family houses into small HMOs across the City from 1st July 2013. It is also proposing that HMO landlords in areas with a large number of HMOs should be required to apply for a licence to help curb management and housing quality issues.

Next steps

Public consultation on the detail of the additional HMO licencing scheme is due to be released in September 2012 for public consultation.

The detail of the planning controls are due to be considered by Cabinet in October and launched for public consultation in October.

A series of briefings and drop-in events open to the public on these HMO controls are planned for October 2012.

HMO Garden rubbish

We are determined to ensure that all of the rubbish left behind in Student household gardens is cleared away as quickly as possible.

A response from the council tells us that although they have no powers to enforce people to immediately clean up their own land unless there is a risk to public health.

The council approach is firstly to knock on doors and speak to people. This brings about some success but many properties are now empty so this is not very effective.

The next step is contact the landlords (obtaining details from colleagues in HMO Licensing) and give them a set period of time in which to remove rubbish. "Of course it will be much easier to have all the details of properties when the council makes licensing of HMO's a requirement".


If that fails then the council will look to issue Litter Clearance Notices under s.92A EPA 1990.

HMO planning control proposals launched

I promised at the local elections to bring in controls of Houses of Multiple occupation in the Westmoreland area.

 I have kept the promise I made to local residents and the Liberal Democrat council are now delivering on it with the first phase being launched by the council on 31st May.

Measures to better control and manage the growth of Houses of Multiple Occupation (HMO) in Bath are moving ahead as part of proposals put forward by Bath & North East Somerset Council.

An intention to implement an Article 4 Direction to control HMO growth was published on 31st May 2012. This will help deal with concern that some streets in Bath are now being dominated with high numbers of HMO’s and consequently the availability of larger homes for local families is reducing. There are at least 3,000 HMO’s across the district, the majority of which are in Bath, although there could be many more because not all HMO properties require registration with the Council.

The main element of the measures would result in all property owners in Bath having to apply for planning permission to convert a family house into an HMO. It is proposed that the new rules will apply from 1st July 2013 giving a one year notice period – although no property in HMO use before this date will be affected.

"The number of family homes being converted is reaching the level where people are concerned that entire communities will become dominated by HMO’s. Bath & North East Somerset Council wants to ensure a fair mix of larger family homes and HMO’s.

“We must have the policy tools in place to ensure that this happens just like other University cities, such as Bristol, Oxford, and Exeter, that have all agreed additional planning controls over HMO’s.

By starting the consultation now the council are giving people reasonable notice about the new policy should the Council agree to adopt the Article 4 Direction.”

Have your say The consultation on the measures started on 31st May 2012 and continues for 7 weeks. People can give their views at planning_policy@bathnes.gov.uk or write to the Council at: Article 4, Planning Services, PO Box 5006, Bath BA1 1JG.

 Details can also be found at
www.bathnes.gov.uk/hmo  Next Steps The details of the policy that planning applications will be considered upon will be contained in the forthcoming Supplementary Planning Document on HMOs in Bath that will be open to public consultation in October 2012.

The Council will consider whether to confirm, abandon, or amend the Article 4 Direction in February 2013.

 By Sharon Ball