Schedule 1 - mandatory conditions
Gas
If gas is supplied to the house, the licence holder shall provide to the council a Gas Safety Certificate issued within the previous 12 months at the time of the application and thereafter annually.
Electrical installation
The licence holder is required to ensure that every electrical installation in the house is in proper working order and safe for continued use; and to supply the council, on demand, with a declaration by him as to the safety of such installations.
Electrical appliances
The licence holder shall keep all electrical appliances and furniture supplied in a safe condition and must provide a declaration as to their safety at the time of application and thereafter on demand.
Furniture and furnishings
The licence holder shall ensure that furniture and furnishings supplied by them are compliant with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended 1989 and 1993) and must provide a declaration as to their safety at the time of application and thereafter on demand.
Smoke alarms
The licence holder is required to ensure that a smoke alarm is installed on each storey of the house on which there is a room used wholly or partly as living accommodation and to keep any such alarm in proper working order.
The licence holder is required upon demand by Middlesbrough Council to supply a declaration as to the condition and positioning of such alarms.
Tenant references
The licence holder must demand and obtain references for all prospective occupiers of the house to enable the licence holder to make an informed decision regarding occupancy of the property.
All references shall be obtained by the licence holder via the free Middlesbrough Council tenant referencing service.
The licence holder must retain all references obtained for occupiers for the duration of this licence and must provide Middlesbrough Council, upon demand and within 14 days of that demand, a copy of pre-let reference checks along with full names and dates of birth of each occupant.
Terms of occupation
The licence holder shall supply to the occupiers of the house a written statement of the terms on which they occupy the property. A copy of the terms will be provided to the council on demand.
Carbon Monoxide
The licence holder is required to ensure that a carbon monoxide alarm is installed in any room in the house which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance, and to keep any such alarm in proper working order.
The licence holder is required upon demand by Middlesbrough Council to supply a declaration as to the condition and positing of such alarms
Schedule 2 - other conditions
General / property management
The licence holder shall ensure that:
- All repairs to the house or any installations, facilities or equipment within it are carried out by competent and suitably qualified person(s), for example Gas Safe registered operatives for gas appliances and an electrical contractor who is a member of an approved scheme, such as NICEIC, BSI, NAPIT, ELECSA or BRE.
- All occupants of the house receive written confirmation detailing arrangements in place to deal with repairs and emergencies.
- If the property is provided with electrical appliances, copies of user manuals will be supplied to the tenant.
- All occupiers are made aware of the licence and its conditions.
Security
The licence holder shall ensure that:
Where alley gates are installed to the rear of the licensed property, tenants are made aware of how to obtain a key.
External areas, refuse and waste
The licence holder shall ensure that:
The tenants are instructed in their responsibilities in respect of refuse storage and disposal, to include details of what day refuse collections take place and what type of receptacle to use for household waste and recycling;
Training
The licence holder and/or Manager shall undertake property management training courses or information days, where required to do so by the council.
Management / anti-social behaviour
The licence holder shall take reasonable and practical steps to reduce or prevent anti-social behaviour by persons occupying or visiting the house and the use of premises for illegal purposes.
The licence holder shall:
- Provide a written action plan to Middlesbrough Council outlining procedures for dealing with anti-social behaviour at the time of application. This must be reviewed annually, tenants made aware of it and submitted on request;
- Provide the council, upon request, the full names and dates of birth of each occupant of the property;
- Cooperate with Middlesbrough Council, Cleveland Police and other agencies in resolving complaints of anti-social behaviour or criminal activity. The licence holder and/or their nominated Managing Agent must not ignore or fail to take action against any complaints regarding their tenants. Written records of action taken, shall be maintained and made available for inspection by an authorised officer of Middlesbrough Council on request;
- Ensure that the appropriate authorities (namely Middlesbrough Council and Cleveland Police) are informed, where they have reason to believe that their tenant's behaviour involves criminal activity;
- Make regular (at least quarterly) inspections of the property to ensure that the property is in a good state of repair and that the occupiers are not in breach of tenancy terms and conditions. Written records of inspections made, conditions noted and actions taken as a result shall be maintained and made available for inspection by an authorised officer of Middlesbrough Council;
- Ensure that each tenant is made aware that they are responsible for their own behaviour and the behaviour of other occupiers and visitors.
- The name and contact details of the licence holder and/or manager must be supplied to each occupier and must also be on display in a prominent place.
- Produce on request liability insurance.
Notification / consultation of changes
The licence holder and managing agent shall consult with Middlesbrough Council before making any material changes to the layout, amenity provision, fire precautions or occupation of the house. They must also inform Middlesbrough Council of:
- Details of any convictions not previously disclosed to the council that may be relevant to the licence holder and/or the property manager and their fit and proper person status and in particular any such conviction in respect of any offence involving fraud or dishonesty, or violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
- Details of any finding by a court or tribunal, not previously disclosed, against the licence holder and /or the manager that he/she has on the grounds of sex, sexual orientation, gender reassignment, age, race, religion or belief, marital status, pregnancy, maternity, or disability in, or in connection with, the carrying on of any business;
- Details of any contravention, not previously disclosed, on the part of the licence holder or manager of any provision of any enactment relating to housing, public health, environmental health or landlord and tenant law which led to civil or criminal proceedings resulting in a judgment or finding being made against him/her;
- Information about any property, not previously disclosed, the licence holder or manager owns or manages or has owned or managed for which a local housing authority has refused to grant a licence under Part 2 or 3 of the Act, or has revoked a licence in consequence of the licence holder breaching the conditions of his/her licence;
- Information about any property, not previously disclosed, the licence holder or manager owns or manages or has owned or managed that has been the subject of an Interim or Final Management Order under the Housing Act 2004;
- Notification of repossession/foreclosure;
- Successful claims against the licence holder for default of tenancy deposits;
- Change in managing agent or the instruction of a managing agent;
- The undertaking of substantial works to the property, including conversions and modernisations or emergency problems relating to fire, flood or disaster and the tenants are made temporarily homeless.
Absence
The licence holder shall have in place suitable emergency and other management arrangements in the event of their absence.
Compliance inspections
The licence holder shall allow the council to undertake Licence compliance checks. Council officers will give the licence holder at least 24 hours’ notice of these checks and produce valid authorisation at the time of the visit.