Notice of Designation of an area for Selective Licensing

This notice is published in accordance with Section 80 to 84 of the Housing Act 2004 and Regulation 9 of the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(England)

Regulations 2006 The County Council of Durham Designations of Areas for Selective Licensing 2021

The County Council of Durham in exercise of their powers under section 80 of the Housing Act 2004 ("the Act") HEREBY GIVES NOTICE that it designates for selective licensing the areas described in paragraph 4.

CITATION, COMMENCEMENT AND DURATION

1. This designation may be cited as the County Council of Durham Designations of Areas for Selective Licensing 2021.



2. The designations were approved by the Cabinet for The County Council of Durham on 16 September 2020 and requires confirmation by the Secretary of State, Department for Levelling Up, Housing and Communities.



3. The Secretary of State confirmed on 30th November 2021 that the designations shall come into force on 1st April 2022 and shall cease to have effect five years after such date, namely 31st March 2027, or earlier if the Council revokes the scheme under Section 84 of the Act.



DESIGNATION AND AREA

4. The designations shall apply to the following Lower Super Output Areas of the County Council of Durham and as shown shaded on the map attached to this notice at Annex A.



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



(e) The house is occupied under a tenancy or licence which is exempt under the Act4 or the occupation is of a building or part of a building so exempt as defined in The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 20067370.



EFFECT OF THE DESIGNATION

6. 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 Act5



7. The County Council of Durham 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 Act6



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 20067371)



3 Section 79 (3) of the Act. For the definition of a Registered Social Landlord see Part 1 of the Housing Act 1996



4 Section 79 (4) of the Act and SI 370/2006



s 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.

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

CONSEQUENCES OF FAILING TO LICENCE A PROPERTY THAT IS REQUIRED TO BE LICENSED

8. Upon the Designation coming into force any person who operates a licensable property without a licence or allows a licensed property to be occupied by more households or persons other than as authorised by the licence, is, pursuant to the provisions of Section 95(1) of the Act, liable to prosecution (and upon summary conviction to an unlimited fine), or a financial penalty not exceeding £30,000.



9. A person who breaches a condition of a licence shall either be liable to prosecution (and upon summary conviction to an unlimited fine), or a financial penalty not exceeding £30,000



10. Operating an unlicensed property may also 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 months' rent or housing benefit monies paid.



11. The Council is also empowered to take control of unlicensed premises by making an Interim Management Order.



12. Furthermore, in relation to shorthold tenancies, no Section 21 notice may be served under the Housing Act 1988 in respect of an unlicensed property.



Applying for a licence should be made online at:

htto://

Maps of the designated areas are also available to view at the above website. Any landlord, managing agent or tenant within the Designated Areas of the County requiring further mtbrmation or advice should contact the Council's Selective Licensing Team on 03000 260000 or by email to

The Designation may be inspected during normal office hours at County Hall, Durham, DH1 5UQ and can be also obtained from the Council's website. Date: 3rd December 2021

Date:

December 2021

Helen Lynch Head of Legal & Democratic Services County Hall, Durham DH15UL

Annex A: Map showing the County Council of Durham Designations of Areas for Selective Licensing 2021

Designation One

Chester Central 2 Consett South Consett West Havannah South Leadgate North Leadgate Central Kelloe Waterhouses Blackball Rocks North

Designation Two

Catchgate North Murton Central Passfield North

Designation Three

Moorside West

Annfield Plain Stanley Hall North Stanley Hall West Craghead North Pelton North Pelton Fell Chester West 2

Dawdon South 2 Haswell Horden South West Cornforth Stanley Crook Tow Law Rural Dalton Park Murton East South Hetton East

Ferryhill Dean Bank South Sunnybrow

Shildon West

Cockton Hill East

Cockton Hill North

Newfield

Roddymoor

Henknowle North

Hunwick

Tow Law Central

Eden Hill North

Acre Rigg North Acre Rigg South Eden Hill South Eden Hill Central Dene House Central Dene House East Blackball Colliery North

Woodham Village South West West North West Central West South Middridge South Thickley Shildon East Woodhouse Close South

Low Spennymoor Middlestone Moor Willington Central Crook East Esh Winning Ushaw Moor East Bearpark

Murton Moor & South Hetton Blackhall Rocks South

Dalton le Dale Dawdon South 1 Seaham Harbour South Easington Colliery South Horden North Horden West Howletch East

Designation Four

New Kyo

South Moor North

South Moor Central South Moor South Grange Villa Easington Colliery North Easington Colliery Central Horden Central Horden East

Passfield East Shotton East Shotton Colliery Central Wingate West Wheatley Hill South Trimdon South

Blackhall Colliery South

Wheatley Hill North

Station Town Deaf Hill Sunnydale New Shildon Henknowle South West Auckland East Dawdon North 2

Ferryhill South & Station

Ferryhill Dean Bank North

Spennymoor Central Coundon South Coundon Grange Eldon Toronto

Crook Central 2

APPLICATION OF THE DESIGNATION

5. This designation applies to any house1 which is let or occupied under a tenancy or licence within the area described in paragraph 4 unless -

(a) The house is a house in multiple occupation and is required to be licensed under Part 2 of the Act2;



(b) The tenancy or licence of the house has been granted by a registered social landlord3;



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