Denbighshire Council takes over unlicenced house in multiple occupation

Denbighshire County Council has taken control of an unlicenced house in multiple occupation in Rhyl, the first time such action has been taken in the county.

The council’s Housing Enforcement Team, using new powers under the Housing Act 2004,  issued an Interim Management Order on the owner of the property in Crescent Road, Rhyl.

The landlord had been trying to find a suitable person to apply for the licence for some time. However, the council took this action after three separate individuals had withdrawn as proposed licence holders over the last 12 months.

Councillor David Thomas, Cabinet Lead Member for Environment, said: “This was the last resort for the council but it shows how far we’re prepared to go to ensure that HMOs in Denbighshire are managed properly. If a landlord doesn’t look after their tenants and play by the rules then we will take over the property.

“However, we do make every effort possible beforehand to work with landlords, to ensure they are fully aware of the law and comply with it. Enforcement is only taken when no other option is available.”

The property was taken over on Thursday 15th September and the Order lasts a maximum of a 12 months. In legal terms the council now is the responsible landlord of the property.

However an agreement with Clwyd Alyn Housing Association means they would manage the property on the council’s behalf.   The council has the responsibility to take over the collection of rents and the carrying out of repairs. The landlord is however, entitled to receive whatever rent is left after the council has charged for its management and repair costs.

If the landlord is unable to arrange for a suitable licence holder the council has the power to issue a Final Management Order that lasts for five years.

The property was inspected by officers from the Housing Enforcement Team and found to be in a poor state of repair. These repairs will be addressed by the council acting as landlord.

Essential repairs will be carried out and a plan will be developed for long term improvements if a suitable applicant for a HMO licence does not come forward.

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