PUBLIC NOTICE Great Yarmouth Borough Council
PUBLISHED: 11:00 15 November 2018
DESIGNATION OF AN AREA FOR SELECTIVE LICENSING Housing Act 2004: Section 80
NOTICE IS HEREBY GIVEN in accordance with section 83 of the Housing Act 2004 (“the Act”) that Great Yarmouth Borough Council (“the Council”) in exercise of its powers under section 80 of the Housing Act 2004 has designated for selective licensing within the area described below.
The designation applies to northern parts of the Nelson Ward. The designated area is bounded by Regent Road and Regent Street to the North, the River Yare to the West, the North Sea to the East and Dickens Avenue, Newcastle Road and 36 Southgates Road to the South. All properties within the aforementioned roads (apart from those specifically excluded) are included within the designation, as are all properties in the roads contained within the bounded area.
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”).
Pursuant to paragraph 4 of the General Approval, the Council made the designation on the 14th of September 2018. The designation will come into force on the 7th of January 2019 and shall cease to have effect on the 6th of January 2024 (or earlier if the Council decides to revoke the designation under section 84 of the Act).
The designation shall be known as The Great Yarmouth Borough Council Designation of an Area for Selective Licensing 2018. All privately rented residential accommodation situated within the designated area must be licensed with the Council unless subject to statutory exemption.
Any private landlord, property manager or tenant owning, managing or occupying a property within the designated area is advised to seek advice from the Council’s Selective Licensing Team to determine whether their property is affected by the designation.
There are a number of potential consequences for failing to licence a property. A person who operates a licensable property without a licence is liable to prosecution and unlimited fines. The operation of an unlicensed property could lead to the Council, or a tenant, making an application to the First Tier Tribunal to obtain a Rent Repayment Order in respect of up to 12 month’s rent or housing benefit monies paid. As a last resort, the Council is also empowered to take control of unlicensed premises by making an Interim Management Order. Furthermore, in relation to shorthold tenancies, no section 21 notice may be served under the Housing Act 1988 in respect of an unlicensed property. The Council may also use other legal remedies as appropriate.
A copy of the designation is available for inspection during normal working hours at the Town Hall, Hall Plain, Great Yarmouth, Norfolk NR30 2QF. For further information and for licence applications: www.great-yarmouth.gov.uk/selective-licensing email: email@example.com or call 01493 846478.
Dated: 14th of September 2018 Kate Watts Strategic Director Great Yarmouth Borough Council