Mandatory licensing and additional licensing what is the difference?

25 06 2015

Summer has arrived and we are still waiting for the 3 months of scorching hot summer promised by the Met Office…. Whilst we wait hopeful for the sun to shine, we have extracted a few Q&As raised to our Legal Team. If you have any legal query you need help with, please don’t hesitate to contact us on 01782 478444 or stoke-on-trent@belvoirlettings.com

Q. Mandatory licensing and additional licensing what is the difference? If you have a two storey house being taken by 5 sharers and are not sure if we need a licence for it.
A. Mandatory licensing is what all local authorities are charged with operating on any property that should have such a licence. That is any property or part of a property of three or more storeys and occupied by 5 or more persons not all related to each other and sharing a facility (kitchen or bathroom in simple terms). Additional licensing applies where a Council decides to operate such a scheme and means all HMOs falling within the designated area for the scheme must be licensed.

Q. How and when do we name a guarantor in notices and Court summons papers?
A. Guarantors must be kept informed at all times about any possible call on their guarantee. Therefore they get phone calls and copy letters as and when arrears chasing progresses. When you issue a Section 8 notice, make mention of the Guarantor by name in the section where you tell your side of the story, and ensure a copy is sent to the Guarantor. As and when the summons is issued make sure the Guarantor is also named in those papers.

Q. We have a tenant who has asked for the name and address of the landlord, what is the time limit in which we have to provide it as the landlord is not happy for us to provide his address?
A. Under Section 1 of the Landlord and Tenant Act 1985, if the tenant writes and requests the name and address of his landlord to the person collecting the rent then it is an offence not to provide this information within 21 days. As it is a legal requirement to provide the details you do not need the landlord’s consent.
Section 38 defines address as: “address” means a person’s place of abode or place of business or, in the case of a company, its registered office. Therefore when you reply write the landlord’s name and then state that “for the purposes of the landlord’s business

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