Selective landlord licensing conditions

Each landlord licence has several conditions attached to ensure the effective management of the property and tenancy.

Conditions have been created to try tackle common issues and problems affecting the designated areas.

The conditions provide a framework for landlords to follow to ensure effective management and are crucial to the success of a licensing scheme.

There are two types of conditions that are applied to this licence.

• Mandatory Conditions (MC) - must be applied as outlined in the Housing Act 2004 section 4 (opens new window).
• Discretionary Conditions (DC) - which we can apply for regulating the management, use or occupation of the property as outlined in Housing Act 2004 Section 90(1-3) (opens new window)

In some circumstances, where the council believes there are specific issues not covered in the standard conditions for a particular property, additional or more specific conditions will be added.

Important

The person to whom the licence is granted is responsible for ensuring compliance with its conditions at all times and remains so whether or not another person has also agreed to be bound by them. 

Non-compliance with the conditions of a selective licence is an offence, liable to a financial penalty of up to £30,000 per breach, or a formal prosecution in the Magistrate's Court.

To report a breach of licence conditions or to report an unlicensed property then please contact us on the details below.

In these conditions, "house" is meant to refer to the building or part of a building, which is licensed under Part 3 of the Housing Act 2004 (opens new window) (The Act).

The "Authority" is meant to refer to the local housing authority, namely Gateshead Council.

"on demand" is meant to refer to providing evidence and/or documentation as stated in the licence condition to the Council within 7 days of the request. correspondence can be sent to privatelandlords@gateshead.gov.uk

"obtain(ed)" is meant to refer to the Licence Holder or Managing Agent acting on their behalf, using a competent person or suitable service to carry out the required inspection, check or reference as outlined by the condition and then keeping a copy of document received for the duration of the licence. 

"sustained/persistent and regular" is meant to refer to behaviour that continues over a period of time, is not just a one-off incident and happens at consistent intervals or follows a predictable pattern.

"regular intervals" is meant to refer the period of time between visits and checks for licence conditions 3d and 4d. These must be a minimum of 6 months. "regular intervals" for licence condition 2b will be determined by the competent person carrying out the inspection and will be stated on the report they provide. 

Where a licence holder employs a managing agent to carry out duties on their behalf, they must ensure that the agents' procedures and record keeping allow the licence holder to meet the conditions of this licence. Duties include all levels of managing agent services provided, from tenancy sign up through to full property management and legally ending a tenancy.

The following are standard licence conditions that will be attached to each licence. The licence holder must comply with the following conditions throughout the duration of the licence.