2nd
May 2023
The government is planning to slash HMO regulations to help house asylum seekers.
Part 2 of the Housing Act 2004 gives local councils in England and Wales to determine HMO licenses on size, heath and safety measures and numbers of HMOs in any given area.
Under Schedule 14 of the Act there are exemptions which can be used for some properties and the government is now proposing new amendments, and if passed will exempt some regulations of newly procured accommodation by councils for HMOs that house asylum seekers - under sections 4, 95 and 98 of the Immigration and Asylum Act 1999.
£6 million per day is spent on housing around 45,000 asylum seekers and refugees going through the laboured and understaffed processes, and if the amendments are given the ‘thumbs up. more HMOs will be used to help cope with the issue, even if this means that allowed density levels of these types of properties will be breached.
An industry trade body slams the proposed move as it could open the gates to rogue landlords evicting their tenants and replaced by asylum seekers at council accommodation prices in less than desirable conditions.
The spokesperson for the industry body, says: “The Home Office’s proposal to remove HMO licencing requirements when housing asylum seekers is of significant concern. We are doubtful that the lifting of licence regulations and exemption from local licensing fees for properties used to house asylum-seekers will serve them, local communities or the wider private rented sector well.
“The fact that the government has not consulted on these proposals is worrying, as is the Home Office’s assertion that there will be ‘no, or no significant, impact on business’. This is referred to in the Explanatory Memorandum attached to the Statutory Instrument.
“We must remember that HMO licensing is about more than just ensuring adequate room sizes and preventing overcrowding.
“The existing requirements are there to keep occupiers, their neighbours and the wider community safe and secure. HMO licencing covers a wide spectrum of issues from gas and electrical safety, to heating, light and ventilation to the provision of washing and food preparation facilities – all of which are regarded as basic human rights.
“There is a real risk that the Government could create a situation where rogue landlords – who already undermine the great work being done by the majority – further damage the sector’s credibility by exploiting regulatory circumstances around some of the most vulnerable tenants.
“The Home Office also refers to a ‘robust inspection regime’ to provide assurances on the safety of the accommodation. But there is no detail on what criteria would be used to manage inspections, nor on how standards would be enforced.
“We urge the Home Office to consider the unintended consequences of removing HMO licensing. We understand the need to find accommodation solutions but believe that a consultation should have taken place on this important change, and not merely have been dismissed because of time constraints.”
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