Agenda item

Pre-Scrutiny of Policy for Future Regulation of House in Multiple Occupation (HMOs) in Rhondda Cynon Taf.

The Service Director Democratic Services and Communications outlined the purpose of the report for Members to pre-scrutinise the detail provided in the report and to provide comments and observations to Cabinet prior to their consideration. The Environmental Protection & Housing Standards Manager continued to present the detail of the report to allow members to scrutinise the effectiveness of the 2019 Additional Licensing Scheme (ALS) for Houses in Multiple Occupation (HMOs) and the proposal to declare a new ALS for HMOs from April 2024, in accordance with the provisions of the Housing Act 2004.

The Environmental Protection & Housing Standards Manager began by outlining the definition of a HMO for Members and the background to the report. Members were informed that HMOs have a higher fire risk and as a result additional fire precautions are needed in HMOs. Also, higher concentration of poorly managed HMOs can add pressure to local communities. Members were provided with information regarding the number of HMOs currently in Rhondda Cynon Taf (RCT) and the large number of these are located in the Treforest ward where there is a large number of students.

In terms of legislation, it was highlighted from the report that the Housing Act 2004 (‘the Act’) came into force in Wales in June 2006 and introduced powers for Local Authorities to regulate standards in the private rented housing sector including the requirement for Local Authorities to licence certain types of HMO known as Mandatory HMO Licensing. The Act also allowed Local Authorities to introduce other types of licensing scheme for different types of HMO (Additional Licensing) and to licence the single occupation rented sector (Selective Licensing). Members were informed that both schemes are discretionary.

Members were provided with further information from the report into the Additional Licensing Scheme with the Environmental Protection & Housing Standards Manager highlighting that since 2006 the Council has operated successive Additional Licensing Schemes. The 2014 Additional Licensing Scheme (ALS) was reviewed in 2018 whereby a decision was made to implement a further ALS which came into effect on 1st April 2019. Members were informed that the current ALS is due to lapse on 31st March 2024.

The Environmental Protection & Housing Standards Manager also highlighted that online applications have been introduced since 2019 and this has led to an improved processing time for licenses and also changes were made to how the fees were processed and a two-part payment was introduced to cover costs of implementing the ALS.

Members were reminded that the decision to renew an ALS must be based on evidence of the need for such a scheme and were referred to the relevant section in the report and Appendix 1 which detailed the findings of the full evaluation of the HMO Licensing Schemes (Additional and Mandatory), since 2019, undertaken by the Housing Strategy Team. The Key findings as outlined in section 4 of Appendix A were presented to Members.

Members were also directed to Appendix 3 which contains the full results of the public consultation undertaken between 5th September 2023 and 17th October 2023, a period of 6 weeks. Members were presented with the key findings of this consultation as outlined in section 5 of Appendix A.

In relation to the proposal of recommendations for a 2024 scheme, Members were informed that a review of the conditions has found they are largely fit for purpose although the Environmental Protection & Housing Standards Manager highlighted to Members an additional recommended fire safety condition as contained at 5.6 in Appendix 2.

A Member referenced the size and location of rooms provided in HMOs, sharing experience of a resident living in an attic room at a property against fire regulations. The Member also raised a query around the inspection visits undertaken at HMO properties and the involvement of tenants with these inspections. The Environmental Protection & Housing Standards Manager responded that there are space standards in terms of HMOS and the Council enforce these as part of the inspections, adding that any particular concerns of individual circumstances can be raised directly with the Housing Standards team. The Environmental Protection & Housing Standards Manager also shared that in relation to inspections, Officers aim to speak to tenants as part of inspection as part of the inspection requires them to access all rooms noting that tenants should also be aware of when inspections are taking place.

A Member noted the level of respondents to the public consultation and praised the team on the respectful number of respondents and the valid comments made. The Member noted that further analysis of the responses broken down into each respondent group would further support Members in their scrutinization of the results. The Member also outlined a concern regarding the limited feedback in respect of the tenants group highlighting that this group have an important voice and queried what more can be done to engage with tenants. The Environmental Protection & Housing Standards Manager acknowledged that the levels of respondents in the tenants’ group is not as high as would have been hoped and outlined that during the consultation door to door visits were carried out and sessions were arranged with the students’ union. Going forward, it is acknowledged more engagement could be done with the students’ union, as many tenants are also students. It is recognised that in the future, increased feedback from tenants will be valuable.

Another Member raised a query about the safety element in HMO’s and the ability to ensure that individuals have secure locks on rooms to create safe spaces. The Environmental Protection & Housing Standards Manager acknowledged the importance of this and assured Members that this would be covered by licensing conditions and will ensure this is included when conditions for 2024 are revised. 

A Member noted the specific issues that affect the Pontypridd / Treforest area as a result of a high number of HMO properties referencing anti-social behaviour as a particular issue.

The Environmental Protection & Housing Standards Manager responded that HMO licensing inspection regime aims to address ongoing issues and also referenced how planning concerns have also been addressed through Supplementary Planning Guidance regarding the number of HMOs. They also added that the service area work with Anti-social behaviour teams and street care with lots of resources going into the area because of issues to try to address them. The Environmental Protection & Housing Standards Manager also highlighted that the issues raised demonstrate the need for the scheme going forward as the scheme tries to improve every time and revisit the conditions to address problems faced. The Director of Public Health, Protection and Community Services also added that Treforest has a unique housing market and acknowledged the issues faced are longstanding but reiterated the point made about the need for ongoing licensing and the enhancement of scheme elements that could continually address issues.  The Director highlighted that the safety and wellbeing of tenants is what the scheme is aimed at and that RCT have the most comprehensive licensing scheme in Wales currently to recognise there is a unique pressure in the housing market.

A Member asked what can be done to address non-compliant HMOs and absent landlords noting that issues arise in these types of properties more frequently. The Environmental Protection & Housing Standards Manager shared that regular occupancy checks are undertaken in relation to Treforest ward along with annual inspections to pick up any non-compliance and enforcement is taken where necessary. They also referenced the need for ongoing regulation, keeping officer resource in the area once the scheme is in place as a duty to continue with ongoing monitoring and taking relevant action.

Another Member added to the concerns regarding non-compliant landlords noting the high figures outlined in the report, querying what happens following identification of non-compliance also asking whether annual inspection is enough to identify all issues. The Environmental Protection & Housing Standards Manager outlined the application process informing Members that landlords need to meet the standards before they have licence issued. Thereafter there is an annual inspection to ensure they are compliant with conditions of license and general housing standards. Members were informed that during these inspections, if any issues are identified then action is taken, either under non-compliance with conditions or improvement notices which can result in prosecution. The Environmental Protection & Housing Standards Manager shared that once issues are identified and raised with landlords there is generally good compliance.

A Member noted that the majority of data relates to the Treforest ward and asked whether there are increases in HMOs in other areas across the borough that should be highlighted. The Environmental Protection & Housing Standards Manager responded that Treforest is the main location for HMO due to the location of the university and that currently there is no information to suggest an influx in other areas.

Following consideration Members RESOLVED to:

o Authorise the Service Director Democratic Services and Communications to provide the comments and observations of the Committee to Cabinet following pre scrutiny of the report.