SCHEDULES

SCHEDULE 2Applications for HMO licences: requirements and procedure

CONSIDERATION OF APPLICATION AND HEARINGS

Notice of proposed decision

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1

The council must serve a notice under this paragraph on—

a

the applicant, and

b

each relevant person.

2

A notice under this paragraph must state which of the following the council proposes to do—

a

grant the licence in the terms applied for;

b

grant the licence in terms different from those applied for;

c

refuse the licence.

3

A notice under this paragraph must also—

a

if the council proposes to grant the licence, set out the main terms of the proposed licence and any terms which differ from those applied for,

b

state the reasons for the proposed decision (including any proposed differences), and

c

specify the date by which written representations by the recipient of the notice must be made.

4

The date specified under sub-paragraph (3)(c) must be not less than 14 days after the date on which the notice is served.

5

The notice must be accompanied by a copy of any valid representations received by the council in response to a notice under regulations under paragraph 2.

6

In this Schedule, a “relevant person” is any of the following (other than the applicant)—

a

a person named in the application in accordance with paragraph 1(2)(d) or (e) (managing agents and persons having an estate in the HMO);

b

a person who is not so named but who, to the knowledge of the council—

i

is or is proposed to be a managing agent of the HMO, or

ii

has a relevant interest in it (see sub-paragraph (7));

c

a person who is proposed to be named in the licence as a person on whom a restriction or obligation is imposed under section 14.

7

In sub-paragraph (6)(b), a “relevant interest” is—

a

a freehold estate;

b

a leasehold estate, unless the unexpired term of the lease is 3 years or less;

c

a mortgage, charge or lien.