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Cabinet:

(1)         
considered the outcome of the consultation process
detailed in the Consultation Report (May 2024) [Appendix 1 to the
report], in particular the representations received, written
responses received from Stakeholders [Appendix 1A to the report]
and the Summary of representations made to the Consultation and the
Council’s Considerations and Responses to, these
representations [Appendix 2 to the report];

(2)         
noted that the Document to support
undertaking this public consultation (December 2023)
[Appendix 3 to the report] and Housing Conditions and Stressors
Report (December 2023) [Appendix 3a to the report] which highlight
the scale of problems relating to poor housing conditions and
anti-social behaviour (ASB) in the private rented sector,
identifies the objectives of   the
proposed selective licensing designation would help the Council
achieve and alternatives to licensing which have been
considered;

(3)         
noted that the Document to support
undertaking this public consultation (December 2023)
[Appendix 3 to the report] and Housing Conditions and Stressors
Report (December 2023) [Appendix 3a to the report] also highlight
the scale of problems relating to poorly managed HMOs in the
private rented sector, identifies the objectives that an additional
licensing designation would help the Council achieve and
alternatives to such a designation which have been
considered;

(4)         
upon consideration of the matters at (1) and (2) and
using its powers under s.80 Housing Act 2004, agreed to the
designation of 20 wards (excluding Hatch Lane & Highams Park North and Endlebury) of Waltham Forest as a selective
licensing area from 1 May 2025 as delineated and edged red on the
map at Appendix 4 to the report;

(5)         
upon consideration of the matters at (1) and (3) and
using its powers under s.56 Housing Act 2004, agreed to the borough
wide designation of Waltham Forest as an additional HMO licensing
area from 1st April 2020 as delineated and edged red on the map at
Appendix 5 to the report;

(6)         
agreed the proposed scheme objectives as detailed in
Appendix 6 to the report;

(7)         
agreed to the proposed fee structure for licence
applications made under the selective and additional licensing
schemes at Appendix 7 to the report;

(8)         
agreed the proposed licence conditions that would
accompany any granted selective licence at Appendix 8 to the
report;

(9)         
agreed the proposed licence conditions that would
accompany any granted additional licence at Appendix 9 to the
report;

(10)      
considered and had regard to the result of the
Equalities Impact Assessment at Appendix 10 to the
report;

(11)      
delegated to the Portfolio Lead Member for Community
Safety and the Strategic Director of Neighbourhoods and Environment
responsibility for agreeing the final document requesting
confirmation of the selective licensing designation from the
Department for Levelling Up, Housing and Communities (DLUHC) in
consultation with the Director of Governance and Law;
and

(12)      
delegated to the Portfolio Lead Member for Community
Safety and the Strategic Director of Neighbourhoods and Environment
authority to agree changes to the proposed administration,
implementation and enforcement of the schemes where necessary and
to ensure that all statutory notifications are carried out in the
prescribed manner for the designations and to take all necessary
steps to provide for the operational delivery of any licensing
schemes agreed by Cabinet including but not limited to the
Council’s published documents setting out its Enforcement
Policy, its policy for determining licence applications received
under Part 2 and Part 3 Housing Act 2004 and its policy in relation
to the payment of licence fees in respect of an application to
license one or more Part 3 Houses or an HMO under Part 2 of the
Housing Act 2004.
 

Options & Alternatives Considered

The Council could
decide to only designate an additional licensing scheme and not a
selective licensing scheme. The alternatives to a selective
licensing scheme were investigated and set out as part of the
consultation. Responses to the consultation and representations
made in responses (such as those set out by the
National Residential Landlords
Association in Appendix 1A) regarding the existing powers that the
Council have been considered.  The conclusion reached is that these alternative
powers would not deliver the necessary outcomes that selective
licensing can.

The Council could decide to only put
forward a 20-ward selective licensing scheme and not pursue the
borough wide additional licensing scheme. This would have the
effect of leaving a number of small HMOs unlicensed or regulated
through less appropriate selective licensing regulations. These
properties are some of the most poorly managed and make the most
demands on council services.

The Council could decide not to adopt
either the additional HMO licensing scheme or seek Secretary of
State approval for any further selective licensing
scheme.  Such a decision would leave
only mandatory HMO licensing as the means of regulatory enforcement
of housing management of properties that are
HMOs.

In relation to the setting of fees
Cabinet could opt not to levy a fee on a cost recovery basis as
proposed.  Such a decision would mean
that alternative funding streams for the proposed designations
would need to be identified.