DESIGNATION OF AN AREA FOR SELECTIVE LICENSING Section 80, Housing Act 2004Notice ID: MFN0604047
SOUTHEND-ON-SEA BOROUGH COUNCIL
DESIGNATION OF AN AREA FOR SELECTIVE LICENSING
Section 80, Housing Act 2004
NOTICE IS HEREBY GIVEN in accordance with section 83 of the Housing Act 2004 ("the Act") that Southend Borough Council ("the Council") in exercise of its powers under section 80 of the Housing Act 2004 has designated for selective licensing the area described below.
CITATION, COMMENCEMENT AND DURATION
1. The designation shall be known as Southend Borough Council Designation of an Area for Selective Licensing 2021. All privately rented residential accommodation situated within the designated area must be licensed with the Council unless subject to statutory exemption.
2. This designation is made on 18th March 2021 and will come into force on 1st December 2021.
3. This designation shall cease to have effect on 30th November 2026 (or earlier if the Council decides to revoke the designation under section 84 of the Act).
AREA TO WHICH THE DESIGNATION APPLIES
4. The designation applies to some of the neighbourhoods within the wards of Milton, Kursaal, Victoria and Chalkwell. The designation applies to any privately rented property that is not a licensable house in multiple occupation (HMO) and is occupied under a tenancy or a licence. The designated areas listed in annex A below and further delineated and edged black and further shown by the orange shaded areas are subject to Selective Licensing. The map of designated areas is available on the Council's website.
APPLICATION OF THE DESIGNATION
5. This designation applies to any house which is let or occupied under a tenancy or licence within the area described in paragraph 4 unless:
a) the house is a house in multiple occupation and is required to be licensed under Part 2 of the Act;
b) the tenancy or licence of the house has been granted by a registered social landlord;
c) the house is subject to an Interim or Final Management Order under Part 4 of the Act;
d) the house is subject to a temporary exemption under section 86 of the Act; or
e) the house is occupied under a tenancy or licence which is exempt under the Act or the occupation is of a building or part of a building so exempt as defined in The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/2006
EFFECT OF THE DESIGNATION
6. Subject to sub paragraphs 5(a) to (e) every house in the area specified in paragraph 4 that is occupied under a tenancy or licence shall be required to be licensed under section 85 of the Act.
INSPECTION OF DOCUMENTS/APPLICATION FOR LICENCE
7. If you are a landlord, managing agent, or a tenant, and wish to inspect this designation, apply for a licence or require further information, this is available from:
Selective Licensing Team, Private Sector Housing, Civic Centre, Victoria Avenue, Southend on Sea, Essex, SS2 6ER. Tel: 01702 215002 Email:
The designation does not require confirmation by the Secretary of State as it falls under a general approval issued by the Secretary of State under section 82 of the Act, namely The Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) General Approval 2015 ("the General Approval"). All landlords, managing agents or tenants within the designated area should obtain advice to ascertain whether their property is affected by the designation by entering their postcode in the interactive map on the Council's website or by contacting the Council on the above number or email for further advice and assistance.
8. Upon the designation coming into force on 1st December 2021 any person who operates a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by a licence, could be prosecuted and upon summary conviction is liable to an unlimited fine. A person who breaches a condition of a licence is liable upon summary conviction to an unlimited fine.
S. Moore, Interim Executive Director (Neighbourhoods and the Environment) For and on behalf of Southend Borough Council
Please note that every effort has been made to list all the streets included in the designation but to determine whether or not your property is included in the designation, please enter your postcode in this interactive map on the Council website for confirmation. Annex A: Streets in Milton, Kursaal, Victoria and Chalkwell where Selective Licensing applies.
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