Content

Salford City Council - Record of Decision (Cabinet)
 
I
Paul Dennet, City Mayor, in exercise of the powers contained
within the City Council Constitution do hereby approve:
 

1.   
Authorises the designation of a Selective Landlord
Licensing Scheme, under Part 3 of the Housing Act 2004 in parts of
Broughton and Kersal
& Broughton Park wards;

2.   
Authorises the proposed boundary area for the
Broughton and Kersal & Broughton Park wards Selective Landlord
Licensing Scheme as detailed in appendix 2 of Annex 1 –
The consultation document attached to this report;

3.   
Authorises the Licence Conditions for the Broughton and Kersal &
Broughton Park wards Selective Landlord Licensing Scheme as
detailed in appendix 4 of Annex 1 – The consultation
document attached to this report;

4.   
Authorises the fee structure for the Broughton and
Kersal & Broughton Park Selective Landlord Licensing Scheme as
detailed in appendix 5 of Annex 1 – The consultation
document attached to this report;

5.   
Authorises officers to conduct all necessary actions
to publicise the designation of the area for Selective Landlord
Licensing to comply with the requirements of the Housing Act
2004.
The Reasons are:
The
Reasons are that: Having given due regard to the responses received
in the formal consultation on the proposal to introduce Selective
Landlord Licensing in parts of Broughton and Kersal & Broughton Park
wards, officers are satisfied that the proposed Selective
Landlord Licensing area meets the requirements of the Act with
regard to demonstrating ‘low housing demand’ and that
when combined with other measures taken within the area by the
local housing authority, doing so will contribute to the
improvement of the social and economic conditions in the
area.  The authority has also taken the
requirements of section 81 “Designations under section 80:
further considerations” of the Act into account.
I have
considered whether there are any other courses of action available
to the local housing authority that might provide an effective
method of achieving the objective that the designation would be
intended to achieve and consider that making the designation will
significantly assist the local housing authority to achieve the
objectives (whether or not they take any other course of action as
well). It is considered that the scheme will complement the wider
regeneration in the area that Salford City Council is helping to
deliver.  Selective Licensing will
address existing issues of poor property and tenancy management in
privately rented accommodation.  The
scheme will also ensure that new landlords investing in the
designated area understand what is expected of them and will
sustain the strong community that the regeneration programmes have
worked hard to establish.
Options considered and rejected were:

·        
Options considered and rejected were take no action
– this would be inconsistent with established Council policy
and would fail to address the legitimate concerns of residents,
local elected members and other stakeholders regarding the impact
of the private rented sector on the local housing
market.

·        
Defer the introduction of selective licensing in
Broughton and Kersal & Broughton Park wards – A review of
available evidence identifies the area of Broughton and Kersal
& Broughton Park wards.
Assessment of Risk:
The
Council believes it has made a robust case for the designation of a
Selective Licensing Scheme.
The
formal consultation was held for 2 weeks longer than the required
minimum of 10 weeks. Social media campaigns had an overall reach
demonstrating a strong awareness-raising, with the campaign being
seen by up to 100,000 accounts.
In
total, the campaign generated 349 clicks - 145 from paid ads and
204 from organic posts - indicating that a small portion of the
audience was actively interested in learning more about the
consultation but that many individuals were not interested enough
to engage further with the consultation.
Most landlords and managing agents who responded to the
consultation did not support the proposal.
The
lack of challenge to the evidence base included in the consultation
along with an absence of alternative or additional data being put
forward or the making of constructive arguments to support of their
stated opinions, reduces the weight that should be attached to
those opinions by decision makers.
Any
decision that the City Council makes with regards to this proposal
could be subject to legal challenge.
Legal Advice obtained: Yes  - Solicitor:
Farrah Ehsan
In accordance with the
provisions of section 80 of the Housing Act 2004 (‘the
Act’) a local authority may designate either the area of
their district or an area in the district as subject to selective
licensing if it considers that the first or second set of
‘general conditions’ as defined in section 80(3) or
80(6) of the Act, or indeed any other conditions specified in an
order under subsection 80 (7) of the Act as an additional set of
conditions are satisfied in relation to the area. 
In this instance the report
confirms that officers consider that the first set of
‘general conditions’ are satisfied in relation to the
proposed area, namely that:
 
i)    
The area is, or is likely to become, an area of low
housing demand; and
ii)   
That making a designation will, when combined with
other measures taken in the area by the local housing authority, or
by other persons together with the local housing authority,
contribute to the improvement of the social or economic conditions
in the area.
 
Section 80 of the Act sets out
a number of matters which a council must take into account when
deciding if an area is or is likely to become an area of low
housing demand. The requirements of section 81 of the Act also
apply to the power of a local authority to make designations under
section 80.
The Housing Act 2004: Licensing
of Houses in Multiple Occupation and Selective Licensing of Other
Residential Accommodation (England) (General Approval 2024) came
into force on 23 December 2024 and applies to both selective
licensing and relevant HMOs.
 
The General Approval 2024
provides deemed approval to every LHA in England that designates an
area in their district as subject to selective licensing subject to
a condition set out in paragraph 5 requiring that the LHA has
consulted with those likely to be affected by the designation under
section 80(9)(a) of the HA 2004 for at least ten weeks
 
Any exercise of the LHA’s
power to designate an area for selective licensing under section 80
of the HA 2004 must be consistent with their overall housing
strategy
The authority must also seek to
adopt a co-ordinated approach in connection with dealing with
homelessness, empty properties and anti-social behaviour in
relation to combining licensing and the measures taken to deal with
these issues
 
Section 81(4) also imposes an
important restriction on LHAs' powers by requiring them to
consider, before introducing a selective licensing
designation:
·        
Whether there are any other courses of action
available (of whatever nature) that might provide an effective
method of achieving the objective or objectives that the
designation is intended to achieve.
·        
Whether making the designation will significantly
assist to achieve the specified objective or objectives.
 
Section 80(9) of the Act
requires that before making a designation the Council must take
reasonable steps to consult persons who are likely to be affected
by the designation and consider any representations made in
accordance with the consultation and not withdrawn.
 
Consultation must take place
for a minimum of 10 weeks.  In this
instance consultation took place over 12 weeks. 
 
All representations received as
part of the consultation process have been considered and where
appropriate, responses have been provided.
 
When exercising its functions
the Council must have regard to the Public Sector Equality Duty as
set out in section 149 of the Equality Act 2010. Full impact
assessments must be undertaken in relation to the proposals to both
measure and record compliance with this duty.
Financial Advice obtained: Yes.  Contact
Officer: Paul Guest – Finance Manager
The
Landlord Licensing scheme is a self-financing scheme. Any costs
associated with the implementation of the scheme will be funded via
the licence fees recovered from Landlords.
HR Advice obtained: Yes.  Contact
Officer Daniella Mckeown – HR & OD Manager
If
approved, the implementation will be undertaken by existing
colleagues. There are no further direct implications anticipated
for the workforce.
The
following documents have been used to assist the decision
process:

·        
Annex 1. Selective Licensing Consultation document
for Broughton

·        
Annex 2. Survey Results

·        
Annex 3. Equality Impact Assessment
(if
the documents disclose exempt or confidential information, they
should not be listed, but the following wording shall be inserted :
"(The relevant documents contain exempt or confidential information
and are not available for public inspection)":-

Contact Officer:  Anne Arcus / Sarah
Hughes   
Telephone number: 0161 793 2249 / 3087
 

·        
The appropriate scrutiny to call-in the decision is
the Community and Neighbourhoods Scrutiny panel       
                       

Signed:
      Paul
Dennett             
Dated:   23.09.25                                          
                       
City Mayor
 

For Democratic
Services use only

 

This decision was
published on 23.09.25                                            

This decision will
come in force at 4.00 p.m. on 30.09.25                   
                              
unless it is called-in in
accordance with the Decision Making Process Rules.