SCHEDULE 4Applications for HMO licences: procedure

2Notice of application

1

A “notice of HMO application” is a notice which—

a

states that an application for an HMO licence has been made in respect of living accommodation,

b

sets out the information described in paragraph 1(2) and (3) (excluding the information described in sub-paragraph (3)(c) of that provision),

c

states the date of the notice,

d

explains the procedure for making written representations about the application to the local authority.

2

The applicant must cause a notice of HMO application to be displayed on or near to the living accommodation concerned for 21 days from the date on which the application is made.

3

The applicant must ensure that the notice of HMO application is designed and displayed so that it can be conveniently read by the public.

4

The removal, obscuring or defacement of a notice of HMO application does not affect compliance with sub-paragraphs (2) and (3) if the applicant—

a

took reasonable steps to prevent (and did not cause) the removal, obscuring or defacement, and

b

on becoming aware of such an event, replaced the notice.

5

An applicant who considers that sub-paragraphs (2) and (3) have been complied with must certify that fact to the local authority.

6

Where—

a

a notice of HMO application is removed, obscured or defaced during the period for which it must be displayed, but

b

the applicant considers that compliance with sub-paragraphs (2) and (3) is, because of sub-paragraph (4), unaffected,

the certificate must state the relevant circumstances.

7

If the local authority is satisfied that sub-paragraph (2) or (3) has not been complied with in the manner certified by the applicant, it may require the applicant to cause a notice of HMO application to be displayed on or near the living accommodation concerned for 21 days from such date as the authority may specify.

8

Sub-paragraphs (3) to (7) apply in relation to a duty under sub-paragraph (7) as they apply in relation to a duty under sub-paragraph (2).

9

On receiving an application for an HMO licence, the local authority—

a

must send a copy of the application to the chief officer of the fire and rescue authority and the chief constable, and

b

may give a notice of HMO application in a newspaper circulating in its area.