Appendix 4: Pathway to Selective Licensing

Preliminary Work Initial evidence gathering (partially completed) Identify purpose of scheme i.e. what will the scheme achieve to reduce identified problems? Paper to meet statutory requirements – e.g. have all other options been exhausted? For instance, has a voluntary accreditation scheme been considered? Are we satisfied that there is no practical beneficial alternatives? Fees work
Yes No
Preliminary decision making To cover extent (less than/ more than 20%) Basis on which application could be made? What else needs to be considered?
No/ insufficient evidence to support any grounds for the scheme
Yes
Report for committee prepared
There is no further option to proceed
Committee decision as to whether to proceed to next stage, including committee decision on expenditure for full evidence gathering.
Committee decides not to proceed
This is the current stage
Committee decides to proceed
Consultants procured and feasibility study in process, establishing if there’s and evidence base to support licensing
Evidence gathered, recommendations made by way of report to committee. Committee decision as to whether to proceed to the next stage. If so, and approval obtained to commence scheme, to consult as per statutory requirements. Strategy to coordinate with homelessness, empty properties, and ASB work. Terms of licence and proposed fees should also be set out in consultation documents. Matters to take into account will include likely impact on the private rented sector i.e. rent increases, reduction in number of PRS properties etc
Committee decides not to proceed
Committee decides to proceed
There is no further option to proceed/ committee directs further information/enquiries
Consultation period 10 weeks Analysis of consultation results. Information to be included in a committee report for final decision making. Do all the above requirements continue to be applicable? Equalities impact assessment required. Subject to committee approval, proceed to the next stage.
Committee decides not to proceed
Committee decides to proceed
If scheme is greater than 20% geographically or 20% of PRS
If scheme is less than 20% geographically or less than 20% of PRS There is no further option to proceed/ further work is required
If scheme is greater than 20% geographically or 20% of PRS, then Secretary of State approval must be sought. Stated aim for Secretary of State turnaround time is 8 weeks
Secretary of State refuses
Only option available is a judicial review
Secretary of State confirms
Notification of scheme requires at least 3 months
Guidance suggests that there should be support provisions in place for landlords. Sufficient resources need to be available to support tenants, carry out monitoring visits, and review of how the scheme is operating.