HMO Licence Application - 'Reasonable Time'

[johnny99]

Greetings All,

I was wondering if anyone can help, please?

Section 55(5)(b) of the Housing Act 2004 places a general duty on local authorities:


"to ensure that all applications for licences and other issues falling to be determined by them under this Part are determined within a reasonable time."

Is there any indication of what a "reasonable time" might be?

I have it in my mind that I have seen a period of 6-8 weeks mentioned somewhere, but I can't for the life of me remember where that might be.

Many thanks for your assistance.

[red40]

Reasonable time really depends on the council I suppose and the number of applications and processes they go through. I know many authorities ask for certain certificates, etc, to be included as part of the application and the application wont be complete without those certificates, which technically is incorrwect. But if you dont have a valid fixed electrical installation certificate, you would have to wait for your contractor to be come available, which could be weeks.

The length of the application also varies depending on a number of factors, such as the circumstances of each property, occupants and whether or not an inspection is required before a 'propose to licence is granted'.

Provided that a landlord has submitted a valid application, the HMO can continue to operate legally until the local housing authority reaches its decision.

Some authorities are over a year behind processing applications mainly due to staffing resources. However six to eight weeks is more than enough time to process n application and an inspection, if, the staff are there do do it.

[jeffrey]

Section 55(5)(b) came into force [England only] on 15 June 2005: SI 2005/ no. 1451. A different SI set a date for Wales.
"Reasonable time" is not defined in s.55, elsewhere in the Act, or in the SI. It is therefore meaninglessly vague until a Court case holds what it is supposed to mean in this context!

[johnny99]

Jeffrey/Red,

Many thanks for that.

I agree that it would be for a court/tribunal to be the ultimate arbiter over what was considered 'reasonable' in the circumstances of the case.

However, I suspect that the 20 months I have been waiting is probably pushing the boundaries of 'reasonableness' somewhat!

Thanks again both.

[bagpuss]

I have to say our licenses took nowhere near that length of time - a couple of months if memory serves me right and that was with at least three visits from the department to check the houses over for works that needed doing in order to comply with their regulations.

We are in Wales.