PUBLIC NOTICE
London Borough of Enfield
NOTICE OF DESIGNATIONS OF AREAS FOR SELECTIVE LICENSING
Section 80 Housing Act 2004
The London Borough of Enfield Designations of Areas for Selective Licensing 2021.
The London Borough of Enfield in exercise of its powers under section 80 of the Housing Act 2004 ("the Act") hereby designates for selective licensing the areas described in paragraph 4.

CITATION, COMMENCEMENT AND DURATION
1. This Designation shall be known as the London Borough of Enfield Designations for Areas for Selective Licensing 2021. All privately rented residential accommodation situated within the designated areas must be licensed with the Council unless subject to statutory exemption as set out in paragraph 5.

2. The Designations have been made on 18 May 2021. The Designations fall within a description of designations for which confirmation is required by Secretary of State. On 18 May 2021 the Secretary of State confirmed the Designations, and the Designations shall come into force on 1 September 2021.

3. The Designations shall cease to have effect on 31 August 2026 (not more than 5 years) or earlier if the Council revokes the scheme under section 84 of the Act.

AREAS TO WHICH THE DESIGNATION APPLIES
4. This Designation shall apply to the following areas of the London Borough of Enfield. Designation One is delineated and edged in red on the map, and Designation Two is delineated and edged in blue on the map in Annex A.

Designation One:
(i) Bowes
Edmonton Green Enfield Highway Enfield Lock Haselbury Jubilee
Lower Edmonton Palmers Green Ponders End Southbury Southgate Green Turkey Street Upper Edmonton.
Designation Two:
(ii) Chase

APPLICATION OF THE DESIGNATION
5(a) This designation applies to any house1 which is let or occupied under a single tenancy or 2 or more tenancies or licences in respect of different dwellings contained in it within the area described in paragraph 4 unless: the house is a house in multiple occupation [HMO] that falls within the nationally prescribed category of HMO that is required to be licensed as a 'mandatory HMO' under section 55(2)(a) Part 2 of the Act2;
(b) the house is a house in multiple occupation that falls within the prescribed category of HMO that is required to be licensed under the London Borough of Enfield Designation of an Area for Additional Licensing of Houses of Multiple Occupation 2020 made on 22 January 2020 under Section 56 of the Housing Act 20043;

(c) the tenancy or licence of the house has been granted by a registered social landlord4;

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

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

(f) the house is occupied under a tenancy or licence which is exempt under the Act or the occupation is of a building or part of a building so exempt as defined in Paragraph 5(f): Exempted tenancies or licences, Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/2006.

EFFECT OF THE DESIGNATION
6. Subject to sub paragraphs 5(a) to (f) 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.5

7. The London Borough of Enfield 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.6

If you are a landlord, managing agent or a tenant, or if you require information regarding this designation, or to apply for a licence, further information and assistance is available from the Council's Private Rented Housing Team by telephone on 020 3821 1761or by email to PRSH@enfield.gov.uk or by writing to Private Rented Property Licensing Team, London Borough of Enfield, Civic Centre, Silver Street, Enfield, Middx, EN1 3XH. The Designation may be inspected at the above address during office hours.
All landlords, managing agents or tenants within the designated areas should obtain advice to ascertain whether their property is affected by the Designation by contacting the Council's Private Rented Housing Team.
Upon the Designation coming into force any person having control of or who manages a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by a licence, is liable to prosecution and upon summary conviction is liable to an unlimited fine pursuant to the provisions of section 95 of the Housing Act 2004. A person who breaches a condition of a licence is liable upon summary conviction to an unlimited fine. The Council, as an alternative to initiating a prosecution, may pursue one or more of a range of other enforcement actions including the imposition of a financial penalty of up to £30,000 and/or taking management control of the unlicensed property. Further, where an offence has been committed an application may also be made by the Council and/or tenant under the provisions of section 96 and 97 of the Housing Act 2004 for a Rent Repayment Order to pay back up to 12 months' rent, Housing Benefit or Universal Credit.
No notice under section 21 of the Housing Act 1988 may be given in relation to an assured shorthold tenancy of the whole or part of an unlicensed house so long as it remains an unlicensed house.
Signed ....
Portfolio holder and elected Cabinet Member
For and on behalf of London Borough of Enfield,
19 May 2021

1 For the definition of "house" see sections 79 and 99 of the Act
2 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)
3 Additional Licensing covers HMOs that are not within the scope of Mandatory HMO Licensing where tenants share one or more 'basic amenities' i.e. a WC, personal washing facilities or cooking facilities. 'Section 257' HMO
buildings would need a selective licence assuming they are occupied by a single household. If an individual flat was itself multiply occupied, ii would need an additional or mandatory HMO licence depending on the number of persons accommodated.
4 Section 79 (3) of the Act. For the definition of a Registered Social Landlord see Part 1 of the Housing Act 1996
5 Section 232 of the Act and paragraph 11 of SI 373/2006
6 See the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/2006

Annex A: Map of the selective licensing designations showing the boundary of designation one in RED and the boundary of designation two in BLUE.

www.enfield.gov.uk
ENFIELD
Council