The Hastings Borough Council Housing Act 2004

The Hastings Borough Council in exercise of their powers under section 80 of the Housing Act 2004 ("the Act") hereby designates for selective licensing the area described in paragraph 4.
Citation, Commencement and Duration
1. This designation may becitec as the Hastings Borough Counci Designation of an Area for Selective Licensing 2015.

This designation may becitec as the Hastings Borough Counci Designation of an Area for Selective Licensing 2015.
2. This designation is made on 30 March 2015 and shall come into force on 26th October 2015.

This designation is made on 30
March 2015 and shall come into
force on 26th October 2015.
3. This designation shall cease to have effect on 25th October 2020 or earlier if the Council revokes the scheme under section 84 of the Act.

This designation shall cease to have effect on 25th October 2020 or earlier if the Council revokes the scheme under section 84 of the Act.
Area to which the Designation Applies
4. This designation shall apply to

Central St Leonards, Gensing, Old Hastings, Ore and Tressell wards as delineated and edged red on the map atAnnexA.
Application of the Designation
5. This designation applies to any house¹ within the area described in paragraph 4 which is let or occupied under one or more tenancies or licences unless:

This designation applies to any house¹ within the area described in paragraph 4 which is let or occupied under one or more tenancies or licences unless:
(a) the house is a house in multiple occupation and is required to be licensed under Part 2 of the Act;²

(b) the house is subject to a temporary exemption under section 86 of the Act;³

(c) the house is subject to an Interim or Final Management Order under Part 4 of the Act;⁴

(d) the house is occupied under a single tenancy or licence which is exempt under the Act, or under more than one tenancy or licence at least one of which is exempt under the Act.⁵ A tenancy or licence is exempt if:

(i) it is granted by a non-profit registered provider of social housing,

(ii) it is granted by a profit-making registered provider of social housing

(iii) it falls within an exemption as defined in Annexe B.⁷

Effect of the Designation
6. Subject to sub paragraphs 5(a) to

Subject to sub paragraphs 5(a) to
(e) every house in the area specified in paragraph 4 that is occupied under a tenancy or licence shall

be required to be licensed under section 85 of the Act.⁸
7. The Hastings Borough Counci will comply with the notification requirements contained in section 83 of the Act and shall maintain a register of all houses registered

The Hastings Borough Counci will comply with the notification requirements contained in section 83 of the Act and shall maintain a register of all houses registered
under this designation, as required
under section 232 of the Act.⁹
8. Landlords, persons managing or a tenant within the designated area should seek advice from the Local Housing Authoritybycontacting them as specified in Paragraphs 11,12, and 13 to ascertain whether their property is affected by this designation.

Landlords, persons managing or a tenant within the designated area should seek advice from the Local Housing Authoritybycontacting them as specified in Paragraphs 11,12, and 13 to ascertain whether their property is affected by this designation.
9. Failure to license a property, which requires licensing byvirtue of the designation, mayresult in a fine of up to £20,000 on summary conviction under Section 95 of the

Failure to license a property, which requires licensing byvirtue of the designation, mayresult in a fine of up to £20,000 on summary conviction under Section 95 of the
Housing Act 2004. It also gives tenants and the Local Housing Authority, in the case of Housing Benefit payments, the ability to apply to the Residential Property Tribunal under Section 96 (5) and (6) and Section 97 of the Housing Act 2004, for a rent repayment order.
Inspection of the Designation
10. Hastings Borough Counci is the Loca Housing Authority, which made the designation. The designation may be inspected during office hours at the address as out ined in Paragraph 11 be ow and also at the Town Hall, Queens Road, Hastings, TN34 1QR.

Hastings Borough Counci is the Loca Housing Authority, which made the designation. The designation may be inspected during office hours at the address as out ined in Paragraph 11 be ow and also at the Town Hall, Queens Road, Hastings, TN34 1QR.
11. The opening times for the Town

The opening times for the Town
Hall are between 08:30 to 17:00
hours, Monday, Tuesday, Thursday and Fridayand between 10:00 to 17:00 hours on Wednesday.
12. Copies of the designation with plan and a list of streets affected can be obtained from housing services at the address outlined in paragraph 13.

Copies of the designation with plan and a list of streets affected can be obtained from housing services at the address outlined in paragraph 13.
Application for selective licence and general advice about selective licensing
13. Applications for selective licences and general advice about selective licensing should be made at the Council's office at the following address: Hastings Borough Council, Housing Services, Aquila House, Breeds Place, Hastings, East Sussex, TN343UY

Applications for selective licences and general advice about selective licensing should be made at the Council's office at the following address: Hastings Borough Council, Housing Services, Aquila House, Breeds Place, Hastings, East Sussex, TN343UY
14. The contact number for the Housing Renewal Team is:

The contact number for the Housing Renewal Team is:
01424 451100
15. The email address for the Housing Renewal Team is: housingadmin@hastings.gov.uk Date and authentication bythe Council: 30 March 2015

The email address for the Housing Renewal Team is: housingadmin@hastings.gov.uk Date and authentication bythe Council: 30 March 2015
Signed: Simon Hubbard, Director of Regeneration, an officer authorised byHastings Borough Council Date: 30 March 2015
Simon Hubbard, Director of Regeneration, an officer authorised byHastings Borough Council
30 March 2015
Date published: 4 April 2015
¹ For the definition of "house" see sections 79 and 99 of the Act ²Section85(1)(a)of the Act. Section 55 of the Act defines which Houses in Multiple Occupation are required to be licensed under the Act. See also The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2005 (SI 2006/371) ³Section85(1)(b). ⁴Section85(1)(c).
⁵ Section 79(4) of the Act and SI 2006/370.

⁶ Within the meaning of Part 2 of the Housing and Regeneration

Act 2008.
⁷ Under The Licensing of Houses in Multiple Occupation (Prescribed

Descriptions) (England) Order 2005 (SI 2006/371.
⁸ Section 86 of the Act provides for certain temporary exemption. As to suitability see section 89. Note, if the house is not suitable to be licensed the Council must make an Interim Management Order - see section 102.

⁹ Section 232 of the Act and paragraph 11 of SI 373/2006.

Housing Services www.hastings.gov.uk/housing