Opinion Research Services | The Strand • Swansea • SA1 1AF | 01792 535300 | www.ors.org.uk | [email protected]
Stock Condition Survey for
Houses in Multiple
Occupation (HMOs)
in Milton Keynes
Report of Findings September 2014
ANNEX A TO ITEM 9
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Contents 1. Introducing the Study ..................................................................................... 4
Overview of the Background and Survey Methodology 4
The Councils Obligations and Powers ......................................................................................................... 5
Guidance regarding House Condition Surveys ............................................................................................ 5
How this Survey was Conducted ................................................................................................................. 5
Environmental Survey ................................................................................................................................. 7
2. General HMO Characteristics ......................................................................... 8
A Profile of the Housing Stock in Milton Keynes 8
Overview of Private Rented Sector (Including HMOs) ................................................................................ 8
Population and Household Data ................................................................................................................. 8
Overall Stock Condition Findings ............................................................................................................... 12
Dwelling Characteristics ............................................................................................................................ 12
3. Statutory Minimum Standards ..................................................................... 15
The Housing Health and Safety Rating System (HHSRS) 15
Obligation to Tackle Housing Health and Safety Hazards ......................................................................... 15
Definition of Hazards under the HHSRS and Category Level..................................................................... 15
Hazards Identified by the Survey .............................................................................................................. 16
4. Internal and External Issues ......................................................................... 20
Internal and External Repairs .................................................................................................................... 20
Internal and External Condition ................................................................................................................ 22
Over-Crowding .......................................................................................................................................... 24
Other Concerns ......................................................................................................................................... 25
Anti-Social Behaviour ................................................................................................................................ 26
5. Environmental Surveys................................................................................. 29
Summary of findings 29
Environmental Survey ............................................................................................................................... 29
Summary of Environmental Survey Findings ............................................................................................ 30
6. Recommendations ....................................................................................... 33
Overall HMO Sector ................................................................................................................................... 33
Control and Licensing ................................................................................................................................ 33
Hazards ...................................................................................................................................................... 33
Internal and External Condition of Properties .......................................................................................... 34
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Environmental Survey ............................................................................................................................... 34
Appendix A ....................................................................................................... 35
Housing Legislation and Requirements 35
Appendix B ....................................................................................................... 40
The Housing Health and Safety Rating System (HHSRS) 40
Appendix C ....................................................................................................... 45
List of Abbreviations 45
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1. Introducing the Study Overview of the background and survey methodology
1.1 In 2013 Opinion Research Services (ORS) were appointed by Milton Keynes Council (MKC) to undertake a
consultation programme with a wide range of stakeholders in Milton Keynes that sought to seek views and
gather evidence to support the potential extension of mandatory licensing for the private rental sector and
Houses in Multiple Occupation (HMOs) in Milton Keynes in order to improve the overall quality of life for
local residents. The outcome of this study was that no further action would be taken to introduce Selective
Licensing in the private sector in Milton Keynes, and that further work would be undertaken to explore the
possibility of introducing Additional Licensing for HMOs.
1.2 Section 56 of the 2004 Housing Act gives powers to LHAs to designate areas, or the whole of the area,
within their district, as subject to Additional Licensing in respect of some or all of the HMOs in its area that
are not already subject to mandatory licensing.
1.3 The Housing Act states that in making a designation for Additional Licensing a Local Housing Authority
should be able to show that it considers a “significant proportion of the HMOs of that description in the
area are being managed sufficiently ineffectively as to give rise, or to be likely to give rise, to one or more
particular problems either for those occupying the HMOs or for members of the public.” Examples of
properties being managed sufficiently ineffectively, and as a result having a detrimental effect on a local
area, include;
» Those whose external condition and curtilage (including yards and gardens) adversely impact
upon the general character and amenity of the area in which they are located.
» Those whose internal condition, such as poor amenities, overcrowding etc. adversely impact
upon the health, safety and welfare of the occupiers and the landlords of these properties are
failing to take appropriate steps to address the issues.
» Those where there is a significant and persistent problem of anti-social behaviour affecting
other residents and/or the local community and the landlords of the HMOs are not taking
reasonable and lawful steps to eliminate or reduce the problems.
» Those where the lack of management or poor management skills or practices are otherwise
adversely impacting upon the welfare, health or safety of residents and/or impacting upon
the wider community.
1.4 The previous study undertaken by ORS contained detailed spatial analysis of anti-social behaviour and
environmental complaints that allow the Council to identify areas where there are significant and
persistent problems of anti-social behaviour. To help explore the extent of the other issues the Council
commissioned ORS in June 2014 to carry out a housing condition survey on a random sample of 200 HMOs
across Milton Keynes. To complement the housing condition survey an environmental assessment was also
undertaken in streets where HMO condition surveys were completed.
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1.5 As such this study seeks to provide evidence for the Council to consider when determining whether to take
forward proposals for Additional Licensing in relation to the internal and external condition of properties,
and issues related to poor property management. Data on anti-social behaviour has already been collated
in the 2013 Report on Additional and Selective Licensing in Milton Keynes.
The Councils Obligations and Powers 1.6 Councils have an obligation to enforce certain statutory minimum standards in housing and have powers
that they can use to do this: mandatory duties are outlined in Appendix A, while further non-mandatory
powers are available to the Authority under the Housing Act 2004.
1.7 Local authorities are also required by Government to complete certain returns indicating the distribution of
their housing stock by tenure and the condition of certain aspects of the stock.
Guidance regarding House Condition Surveys 1.8 Guidance on how to conduct housing condition surveys has evolved over time:
» Local House Conditions Survey Guidance (1993; updated 2000): the Department of the
Environment issued a Guidance Manual setting out how Local House Condition Surveys
should be conducted, including a detailed survey form in a modular format, and a step-by-
step guide to implementing a survey.
» Housing Health and Safety Rating System Guidance (HHSRS) (guidance was issued in 2004;
updated 2006).
1.9 Local authorities are encouraged, by both sets of guidance, to make full use of information gathered from
house condition surveys in conjunction with data from other sources.
How this Survey was Conducted 1.10 Milton Keynes Council hold detailed records of private rented properties and HMOs. This allowed ORS to
identify a total of 423 HMOs across Milton Keynes that do not currently need to be licensed under the
current mandatory scheme but that would need to be licensed if Additional Licensing were to be
introduced. In a number of wards, and in particular in more rural locations, there were too small a number
of HMOs to give a robust and representative set of outcomes. Therefore all wards with less than 10 HMOs
were removed from the household sample base leaving a total of 372 properties for which a statistically
viable set of outcomes could be achieved. Those wards which were included and excluded can be found in
Figure 1 below.
Figure 1: Distribution of HMOs by Ward
Ward HMOs Include in
Study
Campbell Park 117 Yes
Bradwell 63 Yes
Woughton 49 Yes
Middleton 34 Yes
Linford North 28 Yes
Wolverton 22 Yes
Linford South 21 Yes
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Bletchley and Fenny Stratford 14 Yes
Stantonbury 14 Yes
Eaton Manor 10 Yes
Loughton Park 7 No
Stony Stratford 6 No
Denbigh 4 No
Emerson Valley 4 No
Newport Pagnell North 4 No
Whaddon 4 No
Olney 3 No
Walton Park 3 No
Danesborough 2 No
Furzton 2 No
Hanslope Park 2 No
Newport Pagnell South 2 No
Sherington 1 No
Loughton Park 7 No
TOTAL 423
1.11 For all of the surveys conducted information on the following factors was collected:
» General characteristics of the property.
» Socio-economic information about the household.
» Dwelling dimensions.
» Condition of the internal and external fabric of the property.
» Identification of Housing Health and Safety Rating System (HHSRS) hazards.
» Security and fire safety measures.
» Tenancy, neighbourhood and landlord related issues.
1.12 When asking questions to tenants on neighbourhood and landlord related issues the surveyors sough to get
the combined view of all household members where more than 1 tenant was present at the time of the
survey. Where only one tenant was present only the views of that individual have been recorded.
1.13 All of the surveys were undertaken by ORS’ well-established team of fully-trained and experienced property
surveyors that we work with on a regular basis. The surveyor team have extensive experience of gathering
the necessary data for stock condition surveys, and many have worked on the English Housing Survey (EHS)
and the Welsh and Scottish equivalents. By working with this team on a regular basis, we find we can
effectively manage quality and ensure survey data of a consistently high standard.
1.14 ORS used a team of 4 fully trained and experienced surveyors for this project. All had the necessary
expertise to undertake the required stock condition surveys and have practical experience of the Housing
Health and Safety Rating System (HHSRS) and collecting the necessary data for RDSAP analysis. The
surveyors completed a total of 191 household surveys during July 2014.
The map overleaf shows the location of the household surveys that were completed.
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Environmental Survey 1.15 The Environmental Survey sought to capture a range of information about the environmental
characteristics of the areas where household surveys were completed. The study was completed by means
of a narrative by the surveyor based on a number of general themes. Photographs were also taken to
support the assessment by the surveyor. The themes that were assessed were:
» Traffic congestion, noise or pollution from traffic.
» Parking Provision.
» Smoke, pollution or noise from factories or other premises.
» Open space for the public.
» Facilities for children and young people.
» Litter/dirty streets/rubbish dumping or fly tipping.
» Empty/boarded-up properties.
» Condition of pavements and street furniture.
» Vandalism/Anti-Social Behaviour.
» Any other observations.
Map 2: Distribution of Completed HMO Surveys
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2. General HMO Characteristics A Profile of the Housing Stock in Milton Keynes
Overview of Private Rented Sector (Including HMOs)
Population and Household Data 2.1 Over the past decade Milton Keynes has seen an increase in population of over 20%. This is significantly
higher than for other surrounding local authorities and can be seen in the table and charts below. This
represents an increase of some 41,761 persons. The latest Mid-Year Estimate (2012) increased the
population by a further 3,579 to 252,400.
Figure 2: Population Change by Local Authority 2001-2011 (Census)
All usual residents 2001 2011 % Change
Milton Keynes 207,060 248,821 20.2 Luton 184,367 203,201 10.2 Northampton 194,463 212,069 9.1 Central Bedfordshire 233,654 254,381 8.9 South Northamptonshire 79,297 85,189 7.4 Bedford 147,908 157,479 6.5 Aylesbury Vale 165,760 174,137 5.1 Wellingborough 72,520 75,356 3.9
Figure 3: Percentage Population Change by Local Authority 2001-2011 (Census)
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Figure 4: Comparison of Population Change by Local Authority 2001-2011 (Census)
Growth in Private Rented Sector
2.2 As with much of the South East of England, the housing market in Milton Keynes has seen significant
change over recent years. A key feature of this change across the region has been a growing and adapting
role for the private rented sector.
2.3 Between 2001-2011, Census data shows that the number of households in Milton Keynes increased by
15,221, or a growth of 18.3%. The private rented sector, however, increased by 259.6% in that period with
the number of households in that tenure increasing from 6,579 to 17,066. The sector now makes up 17.3%
of housing stock in Milton Keynes, a rise from 7.6% in 2001. This has come at the expense of the home
ownership where the market share has dropped from 70.4% in 2001 to 57.7% in 2011, and also a small
drop in the social housing sector from 20.4% to 18.0%. This is shown in the table below.
2.4 Compared to surrounding local authorities, between 2001 and 2011 Milton Keynes has had the highest
relative increase in its private rented sector, and the highest numeric increase.
Figure 5: Tenure Change in Milton Keynes 2001-2011 (Census)
2001 2011
Tenure Number of
Households % Share
Number of Households
% Share % Change
2001-2011
Total households 83,363 98,584 18.3
Home owner 58,681 70.4 62,898 57.7 7.2
Social Housing 16,979 20.4 17,763 18.0 4.6
Private Rented 6,579 7.6 17,066 17.3 259.6
0
50,000
100,000
150,000
200,000
250,000
300,000
Population Change 2001-2011
2001 2011
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Figure 6: Tenure Change by Local Authority (%) 2001-2011 (Census)
% Change 2001-2011 All
households Home owner
Social rented Private rented
Bedford 7.1 -1.2 8.9 70.7
Central Bedfordshire 10.7 5.2 5.2 91.8
Luton 5 -10.2 0.8 200.8
Aylesbury Vale 7.6 2.9 -2.7 81.4
Milton Keynes 18.3 7.2 4.6 259.4
Northampton 9.8 -2.3 3 250.5
South Northamptonshire 9.5 6.9 -1.5 72.6
Wellingborough 6.6 -0.6 -3.6 245.2
Figure 7: Tenure Change by Local Authority (Number) 2001-2011 (Census)
Absolute Change 2001-2011 All households Home owner Social
rented Private rented
Bedford 4,211 -521 835 4,189 Central Bedfordshire 10,131 3,821 697 6,038 Luton 3,543 -5,117 89 8,441 Aylesbury Vale 4,882 1,440 -251 4,143 Milton Keynes 15,221 4,217 784 10,487 Northampton 7,907 -1,357 446 9,504 South Northamptonshire 2,999 1,734 -54 1,615 Wellingborough 1,972 -132 -213 2,582
Figure 8: Percentage Growth in Private Rented Sector by Local Authority 2001-2011 (Census)
0
50
100
150
200
250
300
% Growth in Private Rented Sector 2001-2011
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2.5 There is also a growing awareness within Milton Keynes that the housing market has continued to change
since the 2011 Census. It has been driven by population growth, housing costs and benefit changes brought
about by welfare reforms.
2.6 Data obtained from the Council on HMOs in Milton Keynes has been plotted to show the location of 423
HMO properties across Milton Keynes. This shows those HMOs that could be included if Additional
Licensing were to be introduced.
2.7 The map shows there to be higher concentrations of HMOs that could be subject to Additional Licensing
around the central area of Milton Keynes in the wards of Campbell Park, Bradwell, Woughton, Middleton,
Linford North, Wolverton and Linford South.
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Overall Stock Condition Findings
Property Management
2.8 During the Stock Condition Survey tenants were asked a number of specific questions about property
management issues in the HMO sector in Milton Keynes.
» Tenancy Agreement: The vast majority (89%) of landlords provide a tenancy agreement, with
just 4% of respondents saying they did not have a written tenancy agreement and 7% who did
not know.
» Rent deposit backed by Government scheme: The majority (72%) of tenants have their
deposits protected under a government backed deposit scheme. Just 3% said that they were
aware that their deposit was not protected and 14% were unsure. A further 11% of
respondents said that they had not paid a deposit. Whilst use of the rent deposit scheme is
now mandatory it would appear that there is likely to be an issue with non-compliance by a
small proportion of landlords in the area.
» Poor management by the Landlord: Just 3 residents (1.6%) felt that poor management of
their HMO by their landlord was a fairly big problem, with the vast majority reporting poor
management not to be a big problem (7.9%) or not a problem at all (90.5%).
Fire Safety
2.9 The vast majority of HMOs in Milton Keynes have either a mains powered smoke alarm or an LD2 Alarm
installed. Just 5 of the properties surveyed only had battery smoke alarms and just 4 did not have any
smoke alarms installed.
Figure 9: Fire alarm provision in HMOs (Source: Milton Keynes HMO Stock Condition Survey 2014)
Milton Keynes
Number %
LD2 Alarm 91 48%
Wired Alarm 90 47%
Battery Alarm 5 3%
No Alarm 4 2%
Security
2.10 The majority of HMOs (88%) in Milton Keynes have one or more property security measures installed.
However this still means that 12% of HMOs do not have appropriate security measures installed.
Dwelling Characteristics 2.11 The following charts show the construction date, property type, property size, and construction type profile
for HMOs in Milton Keynes.
Dwelling Construction Date
2.12 Significant proportions of HMO housing in Milton Keynes were constructed between 1975 and 1981 and
between 1982 and 1990 (39% and 36% consecutively). Just 10%, or 19 HMOs were constructed pre 1945.
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Dwelling Type Profile
2.13 The building type profile for HMOs in Milton Keynes is a reflection of the predominant type of dwelling
stock that was built between 1975 and 1990 with the highest proportion (92%) of HMOs being in houses
and just 8% being in flats. A high proportion (66%) of HMOs are in terraced houses, compared to 20% in
semi-detached properties and 14% in detached properties. Most HMOs are in either 2 storey properties
(55%) or in 3 storey properties (41%) with just 5% being in single story properties.
Dwelling Size
2.14 Over a third (34%) of HMOs have an overall floor size area of less than 100m2. A similar proportion (32%)
have an overall floor space of between 100-120m2. Just under a fifth of properties (18%) have an overall
floor size of between 120-150m2, and a further 16% have an overall floor space area of greater than 150m2.
Figure 10: Dwelling Characteristics for HMOs in Milton Keynes (Source: Milton Keynes HMO Stock Condition Survey 2013)
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Summary
General Housing and Household Characteristics
» There are 423 HMOs in Milton Keynes that have been identified by the Council as being eligible
for Additional Licensing should a decision be taken to introduce a new scheme.
» A total of 372 were selected as a statistically viable base for the household surveys in those
wards with 10 or more HMOs. A total of 191 successful surveys were completed.
» The vast majority of landlords provide a tenancy agreement (89%) and just under three quarters
(72%) of tenants have their deposits protected under a government backed deposit scheme.
» However, there is opportunity for improvement as whilst use of the rent deposit scheme is now
mandatory it would appear that there is likely to be an issue with non-compliance by a small
proportion of landlords in the area.
» Poor management by the Landlord is not seen as a problem with just 3 residents (1.6%) feeling
that poor management of their HMO by their landlord was a fairly big problem, with the vast
majority reporting poor management not a problem at all (90.5%).
» The provision of HMO fire safety can be considered as above standard. The vast majority of
HMOs in Milton Keynes have either a mains powered smoke alarm or an LD2 Alarm installed.
Just 5 of the properties surveyed only had battery smoke alarms and just 4 did not have any
smoke alarms installed. This is significantly above the national average and reflects adherence
to Council existing and successful enforcement and legislative measures.
» The provision of security measures is considered to be well above average with the majority
(88%) of HMOs having one or more appropriate security measure in place.
» The profile of age of construction can be considered modern with significant proportions of
HMOs in Milton Keynes having been constructed between 1975 and 1981 or between 1982 and
1990 (39% and 36% consecutively).
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3. Statutory Minimum Standards The Housing Health and Safety Rating System (HHSRS)
Obligation to Tackle Housing Health and Safety Hazards 3.1 Tackling Health and Safety hazards in homes is an important issue both in terms of the quality of the
housing stock but also in terms of the contribution this makes to Health and Well Being. The obligation to
do so is set out in law.
3.2 Formerly, under Part VI of the Housing Act 1985, local authorities had a statutory duty to take: ‘The most
satisfactory course of action’, with regard to unfit dwellings and the Act was supported by relevant
statutory guidance:
» A range of enforcement measures were available including service of statutory notices to
make dwellings fit. Closure or demolition was only appropriate in the most extreme cases. In
the private rented sector enforcement action was much more likely in respect of unfit homes.
» With owner occupied dwellings in particular, many local authorities looked to offer financial
assistance, especially where owners were on low incomes.
3.3 From April 2006, Part 1 of the Housing Act 2004 repealed the former housing fitness standard and through
statutory instruments and statutory guidance replaced it with the Housing Health and Safety Rating System.
3.4 As described in Appendix A, the Act differentiates between Category 1 and Category 2 hazards. Local
authorities have a duty to take ‘the most appropriate course of action’ in respect of any hazard scored
under the HHSRS as Category 1. Authorities have discretionary power to take action with Category 2
hazards (which do not score past the threshold for Category 1). Further information on the definition of
the HHSRS Hazards is given in Appendix B and below.
Definition of Hazards under the HHSRS and Category Level 3.5 The Housing Health and Safety Rating System (HHSRS) replaced the former fitness standard and is a
prescribed method of assessing individual hazards, rather than a conventional standard to give a judgment
of fit or unfit. The HHSRS is evidence based – national statistics on the health impacts of hazards
encountered in the home are used as a basis for assessing individual hazards.
3.6 The HHSRS system deals with a much broader range of issues than the previous fitness standard. It covers
a total of 29 hazards in four main groups:
» Physiological Requirements (e.g. damp & mould growth, excess cold, asbestos, carbon
monoxide, radon, etc.)
» Psychological Requirements (crowding and space, entry by intruders, lighting, noise)
» Protection Against Infection (domestic hygiene, food safety, personal hygiene, water supply)
» Protection Against Accidents (e.g. falls on the level, on stairs & steps & between levels,
electrics, fire, collision…)
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3.7 The HHSRS scoring system combines elements:
» the probability that deficiency (i.e. a fault in a dwelling whether due to disrepair or a design
fault) will lead to a harmful occurrence (e.g. an accident or illness)
» the spread of likely outcomes (i.e. the nature of the injury or illness).
» if an accident is very likely to occur and the outcome is likely to be extreme or severe (e.g.
death or a major or fatal injury) then the score will be very high.
3.8 All dwellings contain certain aspects that can be perceived as potentially hazardous, such as staircases and
steps, heating appliances, electrical installation, glass, combustible materials, etc. It is when disrepair or
inherent defective design makes an element of a dwelling significantly more likely to cause a harmful
occurrence that it is scored under the HHSRS.
3.9 The HHSRS generates a numerical Hazard Score, and Hazard Bands have been devised as a simple means
for handling the wide range of possible Scores. There are ten Hazard Bands, with Band J being the safest,
and Band A being the most dangerous:
» Hazard Bands A to C (i.e. Hazard Scores of 1,000 and above) are the most serious hazards, and
these are known as Category 1 (serious) hazards.
» Hazard Bands D to J (i.e. Hazard Scores below 1,000) are known as Category 2 (other) hazards.
3.10 A local authority has a duty to deal with any Category 1 hazards found and has discretionary power to deal
with Category 2 hazards. The Housing Stock Condition Survey focuses particularly on Category 1 hazards,
but describes all hazards (including Category 2 hazards in Bands D and E) for comparative purposes.
Hazards Identified by the Survey 3.11 Surveyors scored a range of HHSRS hazards and the survey form allowed for this. This identified hazards in
just 31 of the HMOs that were surveyed. This is significantly below the national average. The 2012 English
Housing Survey found one or more Category 1 Hazards present in 19% of private rented properties.
Figure 11: Hazards Identified in HMOs (Source: Milton Keynes HMO Stock Condition Survey 2014)
Milton Keynes
Number %
Category 1 Hazard 2 1%
Category 2 Hazard 29 15%
No Hazard 160 84%
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3.12 The most frequent hazards that were identified were Food Safety (26%), Crowding and Space (24%), Falls
on Stairs (16%) and Falls Between Levels (13%). There were no hazards identified for Entry by Intruders.
Error! Reference source not found. shows a breakdown of the hazards that were identified during the
ousehold surveys.
Figure 12: Hazards Identified in HMOs (Source: Milton Keynes HMO Stock Condition Survey 2014)
Milton Keynes
Number %
Food Safety 10 26%
Crowding and Space 9 24%
Falls on Stairs 6 16%
Falls Between Levels 5 13%
Falls – General 2 5%
Flames and Hot Surfaces 2 5%
Falls on Level 2 5%
Position of Amenities 1 3%
Structural Collapse 1 3%
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Summary
Statutory Minimum Standards: The Housing Health and Safety Rating System (HHSRS)
» Hazards were found in just 31 of the HMOs that were surveyed which is significantly below the
national average.
» The most frequent hazards that were identified were Food Safety (26%), Crowding and Space
(24%), Falls on Stairs (16%) and Falls Between Levels (13%).
» There were no hazards identified for Entry by Intruders.
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4. Internal and External Issues 4.1 The Housing Act sets of criteria that local authorities must consider when determining the introduction of
Additional Licensing. These include a number of measure that relate to the physical condition of properties:
» Those whose external condition and curtilage (including yards and gardens) adversely impact
upon the general character and amenity of the area in which they are located.
» Those whose internal condition, such as poor amenities, overcrowding etc. adversely impact
upon the health, safety and welfare of the occupiers and the landlords of these properties are
failing to take appropriate steps to address the issues.
4.2 During the survey of HMOs ORS Surveyors made both visual inspections and questioned tenants about a
range of factors that can contribute to internal and external levels of disrepair:
» Whether any internal repairs are needed (observed).
» Whether any external repairs are needed (observed).
» Whether the HMO is over-crowded (observed).
» Poor internal condition of the property (tenant).
» Poor external condition of the property (tenant).
» Poor internal quality of the property (tenant).
» Lack of amenities in the property (tenant).
» Health and safety concerns in the property (tenant).
» Overcrowding in the property (tenant).
Internal and External Repairs 4.3 Surveyors found the need for no internal repairs in over four fifths (81%) of HMOs that were surveyed. The
need for major repairs was only identified in 5 properties.
Figure 13: Internal Repairs Needed in HMOs (Source: Milton Keynes HMO Stock Condition Survey 2014)
Internal Repairs
Needed
Milton Keynes
Number %
Major Repairs 5 3%
Minor Repairs 30 16%
None 156 81%
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4.4 Surveyors found the need for no external repairs in over four fifths (80%) of HMOs that were surveyed. The
need for major repairs was only identified in 2 properties.
Figure 14: External Repairs Needed in HMOs (Source: Milton Keynes HMO Stock Condition Survey 2014)
External Repairs
Needed
Milton Keynes
Number %
Major Repairs 2 1%
Minor Repairs 37 19%
None 152 80%
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Internal and External Condition 4.5 When asked if the poor internal condition of their property was a problem the majority of tenants (87%)
stated that it was not a problem at all. No tenants felt that poor internal condition of their property was a
very big problem, and just 6 tenants felt that it was a fairly big problem.
Figure 15: Poor Internal Condition of the Property (Source: Milton Keynes HMO Stock Condition Survey 2014)
Poor Internal
Condition
Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 6 3%
Not a very big problem 18 10%
Not a problem at all 166 87%
Don’t know 0 0%
4.6 When asked if the poor external condition of their property was a problem the majority of tenants (92%)
stated that it was not a problem at all. No tenants felt that poor external condition of their property was a
very big problem, and just 8 tenants felt that it was a fairly big problem.
Figure 16: Poor External Condition of the Property (Source: Milton Keynes HMO Stock Condition Survey 2014)
Poor External
Condition
Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 8 4%
Not a very big problem 7 4%
Not a problem at all 175 92%
Don’t know 0 0%
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4.7 When asked if the poor internal quality of their property was a problem the majority of tenants (89%)
stated that it was not a problem at all. No tenants felt that poor internal quality of their property was a very
big problem, and just 4 tenants felt that it was a fairly big problem.
Figure 17: Poor Internal Quality of the Property (Source: Milton Keynes HMO Stock Condition Survey 2014)
Poor Internal Quality Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 4 2%
Not a very big problem 17 9%
Not a problem at all 169 89%
Don’t know 0 0%
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Over-Crowding 4.8 Surveyors found no evidence of over-crowding in the majority (89%) of properties. Just 6 properties were
felt to be over-crowded with the possibility of over-crowding in a further 15 properties – although it was
not possible to confirm this.
Figure 18: Over-Crowding at the Property (Source: Milton Keynes HMO Stock Condition Survey 2014)
Over-Crowding Milton Keynes
Number %
Yes 6 3%
Possibly 15 8%
No 170 89%
4.9 When asked if over-crowding at their property was a problem the majority of tenants (95%) stated that it
was not a problem at all. No tenants felt that over-crowding at their property was a very big problem, and
just 3 tenants felt that it was a fairly big problem.
Figure 19: Over-Crowding at the Property (Source: Milton Keynes HMO Stock Condition Survey 2014)
Lack of Amenities Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 3 2%
Not a very big problem 6 3%
Not a problem at all 179 95%
Don’t know 0 0%
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Other Concerns 4.10 When asked if lack of basic amenities in their property was a problem the majority of tenants (92%) stated
that it was not a problem at all. No tenants felt that the lack of basic amenities at their property was a very
big problem, and just 3 tenants felt that it was a fairly big problem.
Figure 20: Lack of Amenities at the Property (Source: Milton Keynes HMO Stock Condition Survey 2014)
Lack of Amenities Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 3 2%
Not a very big problem 12 6%
Not a problem at all 175 92%
Don’t know 0 0%
4.11 When asked if a health and safety concerns in their property was a problem the majority of tenants (92%)
stated that it was not a problem at all. No tenants felt that a health and safety concern was a very big
problem, and just 3 tenants felt that it was a fairly big problem.
Figure 21: Health and Safety Concerns (Source: Milton Keynes HMO Stock Condition Survey 2014)
Health and Safety
Concerns
Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 5 3%
Not a very big problem 11 6%
Not a problem at all 173 91%
Don’t know 0 0%
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Anti-Social Behaviour 4.12 When asked if noisy neighbours or loud parties were a problem in their street the majority of tenants (98%)
stated that it was not a problem at all. No tenants felt that noisy neighbours or loud parties was a very big
or fairly big problem in their street, and just 3 tenants felt that it was not a very big problem.
Figure 22: Noisy Neighbours or Loud Parties (Source: Milton Keynes HMO Stock Condition Survey 2014)
Noisy Neighbours or
Loud Parties
Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 0 0%
Not a very big problem 3 2%
Not a problem at all 186 98%
Don’t know 1 0%
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4.13 When asked if rubbish, fly tipping or litter were a problem in their street the majority of tenants (86%)
stated that it was not a problem at all. No tenants felt that rubbish, fly-tipping or litter was a very big
problem in their street, and just 3 tenants felt that it was a fairly big problem.
Figure 23: Rubbish, Fly-Tipping or Litter (Source: Milton Keynes HMO Stock Condition Survey 2014)
Rubbish, Fly-Tipping
or Litter
Milton Keynes
Number %
Very big problem 0 0%
Fairly big problem 3 2%
Not a very big problem 22 12%
Not a problem at all 163 86%
Don’t know 0 0%
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Summary
Internal and External Issues
» Surveyors found the need for no internal repairs in over four fifths (81%) of HMOs that were
surveyed.
» Surveyors found the need for no external repairs in over four fifths (80%) of HMOs that were
surveyed.
» When asked if the poor internal condition of their property was a problem the majority of
tenants (87%) stated that it was not a problem at all.
» When asked if the poor external condition of their property was a problem the majority of
tenants (92%) stated that it was not a problem at all.
» When asked if the poor internal quality of their property was a problem the majority of tenants
(89%) stated that it was not a problem at all.
» Surveyors found no evidence of over-crowding in the majority (89%) of properties. Just 6
properties were felt to be over-crowded.
» When asked if over-crowding at their property was a problem the majority of tenants (95%)
stated that it was not a problem at all.
» When asked if lack of basic amenities in their property was a problem the majority of tenants
(92%) stated that it was not a problem at all.
» When asked if a health and safety concerns in their property was a problem the majority of
tenants (92%) stated that it was not a problem at all.
» When asked if noisy neighbours or loud parties were a problem in their street the majority of
tenants (98%) stated that it was not a problem at all.
» When asked if rubbish, fly tipping or litter were a problem in their street the majority of tenants
(86%) stated that it was not a problem at all.
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5. Environmental Surveys Summary of findings
Environmental Survey 5.1 This chapter draws together the key findings of the Environmental Surveys that were undertaken in the
areas where household surveys were undertaken.
5.2 Overall the surveyors did not find any significant environmental problems within the study area other than
isolated instances of fly-tipping, litter and minor issues with highways and footways. These often mirrored
the isolated instances of sub-standard HMOs that would be expected in any study such as this. As such it is
felt unnecessary to provide a detailed breakdown of the environmental survey for each of the streets that
were surveyed and instead the photographs on the following pages that were taken by the Surveyors from
ORS during the fieldwork period in July 2014 give an indication of some of the minor issues that were
observed.
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Summary of Environmental Survey Findings
Overgrown frontage on Conniburrow Boulevard Overgrown open-space off Gurnards Avenue
Frontages on Vellan Avenue
Open-space at Bransgill Court
Frontages on Conniston Way
Frontages on Kirkstall Place
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Frontages on Helford Place
Frontages on North Eleventh Street
Frontages at Bascote
Fly-Tipping at Beadlemead
Open-space at Brownbaker Court
Frontages at Gurnards Place
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Frontages at Helford Place
Frontages at Lampitts Cross
Frontages at Perran Avenue
Fly-Fipping at Tolcarne Avenue
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6. Recommendations 6.1 Based on the findings of this study and report this chapter outlines key recommendations specific to the
Council. Overall the outcomes of the Stock Condition Surveys and Environmental Surveys concur with the
outcomes of the HMO Study that was competed by ORS for the Council in 2013 and indicate that there is
no evidence to support the introduction of Additional Licensing for HMOs in Milton Keynes. This is based
on the criteria set out in the 2004 Housing Act which states that in making a designation for Additional
Licensing a Local Housing Authority should be able to show that it considers a “significant proportion of the
HMOs of that description in the area are being managed sufficiently ineffectively as to give rise, or to be
likely to give rise, to one or more particular problems either for those occupying the HMOs or for members
of the public.”
Overall HMO Sector
6.2 It is evident from the analysis of data from the Census that there has been significant growth in the private
rented sector, including HMOs, in Milton Keynes. This has significant implications for the Council in terms of
maintaining overall housing conditions in the HMO sector, housing need and housing demand.
6.3 Specifically whilst the evidence at this time does not suggest a designation of Additional Licensing in Milton
Keynes, the Council should continue to monitor the environmental quality of the area, and in particular
those problems that Additional Licensing could address such as property frontage issues.
6.4 More generally for the Council, the growth in the HMO sector indicates a continuing (and potentially
increasing) demands upon resources.
Control and Licensing
6.5 As stated in the paragraphs above the outcomes of the Stock Condition Surveys and Environmental
Surveys, coupled with the outcomes of the HMO Study that was completed in 2013, do not provide
evidence for a designation for Addition Licensing in Milton Keynes.
6.6 Overall it would appear that current control measures by the Council are good and being implemented by
responsible landlords across the majority of HMOs in Milton Keynes. However, as you would expect in any
area, there will always be a small number of isolated properties in need of enforcement action and this is
an ongoing issue nationwide.
Hazards
6.7 The Council has a duty to deal with any Category 1 Hazards that are found and has discretionary power to
deal with Category 2 Hazards. Overall the condition of stock in both areas was very good but there are a
very small number of Category 1 and 2 Hazards. The Council should continue to work closely with landlords,
letting agents and property management companies to address these problems through the current
regulation and enforcement system.
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Internal and External Condition of Properties
6.8 Overall Surveyors found the need for no internal or external repairs in over four fifths of HMOs that were
surveyed, but most of these were for minor repairs. The Council should continue to work closely with
landlords in Milton Keynes to address any issues relating to the need for repairs where landlords are
unwilling or unable to undertake these repairs.
Environmental Survey 6.9 Overall the Surveyors did not find any significant environmental problems within the study area other than
isolated instances of fly-tipping, litter and minor issues with highways and footways. These often mirrored
the isolated instances of sub-standard HMOs that would be expected in any study such as this. As such it is
recommended that work is undertaken to coordinate the activities of the Council’s Housing, Highways and
Waste Management Services to educate landlords and tenants about litter and fly-tipping issues, and make
any appropriate improvements to highways and pavements where these are required.
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Appendix A Housing Legislation and Requirements
Housing Acts and other Legislation
Section 605 of the Housing Act 1985 (as amended) placed a duty on local authorities to consider the
condition of the stock within their area, in terms of their statutory responsibilities to deal with unfit
housing, and to provide assistance with housing renewal. Section 3 of the Housing Act 2004 replaced this
with a similar duty to keep housing conditions under review.
The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 came into effect on the 19
July 2003 and led to major change in the way local authorities can give financial help for people to repair or
improve private sector homes. Before the Order, the Government set clear rules which controlled the way
financial help could be given and specified the types of grant which could be offered. The Order set aside
most of these rules (apart from the requirement to give mandatory Disabled Facility Grants). It now allows
Local Authorities to adopt a flexible approach, using discretion to set up their own framework for giving
financial assistance to reflect local circumstances, needs and resources.
The Office of the Deputy Prime Minister (ODPM), published guidance under Circular 05/2003. In order to
use the new freedom, a local authority must prepare and publish a Private Sector Renewal Policy. The
policy must show that the new framework for financial assistance is consistent with national, regional and
local policies. In particular, it has to show that the local priorities the strategy is seeking to address have
been identified from evidence of local housing conditions including stock condition.
The Housing Act 2004 received Royal Assent in November 2004. The Act makes a number of important
changes to the statutory framework for private sector housing, which came into effect in April 2006:
The previous fitness standard and the enforcement system have been replaced by the new Housing Health
and Safety Rating System (HHSRS).
The compulsory licensing of higher risk houses in multiple occupation (HMO) (three or more storeys, five or
more tenants and two or more households).
New discretionary powers including the option for selective licensing of private landlords, empty dwelling
management orders and tenancy deposit protection.
Operating Guidance was published on the Housing Health and Safety Rating System in February 2006. This
guidance describes the new system and the methods for measurement of hazards, as well as the division of
Category 1 and 2 hazards. Guidance has been issued by the ODPM on the licensing provisions for HMOs,
which describes the high risk HMOs that require mandatory licensing and those that fall under additional,
voluntary licensing.
As the Rating System has now replaced the fitness standard, this report deals with findings based on
statutory hazards, not unfitness.
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Mandatory Duties
Unfit houses (Housing Act 1985) - to take the most satisfactory course of action – works to make
property fit, closure/demolition or clearance declaration.
With effect from April 2006 replaced by:
Category 1 hazards, Housing Health and Safety Rating System (HHSRS) (Housing Act 2004) – to take
the most satisfactory course of action – improvement notices, prohibition orders, hazard awareness
notices, emergency remedial action, emergency prohibition orders, demolition orders or slum
clearance declaration.
Houses in Multiple Occupation (Housing Act 1985) - to inspect certain HMOs, to keep a register of
notices served, to require registration where a registration scheme is in force.
With effect from April 2006 replaced by:
HMO Licensing by the Authority (Housing Act 2004) of all HMOs of three or more storeys, with five
or more residents and two or more households. Certain exceptions apply and are defined under
sections 254 to 259 of the Housing Act 2004.
Overcrowding - (Housing Act 1985) - to inspect and report on overcrowding
Now in addition:
Overcrowding – (Housing Act 2004) – to inspect and report on overcrowding as defined under
sections 139 to 144 of the Housing Act 2004 along with statutory duty to deal with any Category 1
overcrowding hazards found under the HHSRS.
The provision of adaptations and facilities to meet the needs of people with disabilities (Housing
Grants, Construction and Regeneration Act 1996) - to approve applications for Disabled Facilities
Grants for facilities and/or access
Energy Conservation (Home Energy Conservation Act 1995) - to have in place a strategy for the
promotion and adoption of energy efficiency measures, and to work towards specified Government
targets to reduce fossil fuel use. This should contain assessment of
The cost of proposed energy conservation measures
The extent of decreases in nitrogen and sulphur dioxide into the atmosphere
The extent of decreases in carbon dioxide into the atmosphere
The number of jobs created from the measures taken
Requirements of authorities under the Act
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Under revised Guidance (March 2013) all English authorities need to prepare further reports (by 31 March 2013) setting out the energy conservation measures that the authority considers practicable, cost-effective and likely to result in significant improvement in the energy efficiency of residential accommodation in its area.
Authorities should have regard in their reports to:
(i) measures that take advantage of financial assistance and other benefits offered from central Government initiatives, such as the Green Deal, ECO and Renewable Heat Incentive or other initiatives, to help result in significant energy efficiency improvements of residential accommodation; and
(ii) measures which an authority has developed to implement energy efficiency improvements cost-effectively in residential accommodation by using area based/street by street roll out involving local communities and partnerships (e.g. social housing partners, voluntary organisations and town/parish councils).
Reports should set out any existing timeframe for delivery and national and local partners they propose to work with in effecting such measures to support local accountability.
Progress reports to be made at 2 yearly intervals, starting March 2013, and to publish these electronically on their website with a link to be forwarded to the Secretary of State.
HMO Requirements
The legal minimum standards for Houses in Multiple Occupation (HMOs) are contained in Statutory
Instrument 2006 No 373, with amendments contained in Statutory Instrument 2007 No 1903. These
standards apply to all HMOs, whether or not they need to be licensed.
The standards set out in Statutory Instrument 2006 No 373, schedule 3 stipulate the following:
» An adequate means of space heating must be provided in each letting and in bathrooms,
whether shared or not
» Kitchens and bathrooms must be adequately ventilated, including extractor fans in kitchens
» Kitchens, bathrooms and toilets must be of adequate size and layout and be suitably located
in the HMO in relation to the lettings
» All baths, showers, wash hand basins and sinks must be fitted with taps supplying cold water
and a constant supply of hot water
» For up to 4 occupiers, there must be at least one bathroom and toilet (which can be in the
bathroom). This has been amended by Statutory Instrument 2007 No 1903 to say that there
must be an adequate number of bathrooms, toilets and wash hand basins for personal
washing for the number of persons sharing those facilities, and where reasonably practicable
there must be a wash hand basin with appropriate splash back in each unit.
» For five or more occupiers, there must be at least one bathroom for every 5 sharers, and a
separate toilet for every 5 sharers. This has been amended by Statutory Instrument 2007 No
1903 to say that there must be an adequate number of bathrooms, toilets and wash hand
basins for personal washing for the number of persons sharing those facilities, and where
reasonably practicable there must be a wash hand basin with appropriate splash back in each
unit.
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» Adequate size and layout kitchen for the number of sharers, containing sinks with draining
boards, cooking equipment, worktops, storage cupboards, for food and crockery and utensils,
fridge/freezers (combined or separate), and electrical sockets
» Adequate refuse disposal facilities
» Adequate fire precautions including fire doors and fire blankets as appropriate
HMOs should also be assessed against the Housing Health and Safety Rating System and the appropriate
enforcement action should be taken, where necessary, to ensure any deficiencies are rectified.
The Management of Houses in Multiple Occupation England 2006 and Licensing and Management of
Houses in Multiple Occupation and other houses (miscellaneous provisions) (England) Regulations 2006.
Regulation 8 and Schedule 3 govern the following requirements for heating, space, light and ventilation in
HMOs.
Heating
The normally accepted standard is a central heating system (preferably gas fired), or fixed heaters (electric
heaters should be hard wired, not plugged into the room sockets). Portable electric fires, convector heaters
or oil filled radiators, gas cylinder powered heaters or paraffin heaters are not acceptable.
Space
Letting rooms should be not less than 10m2 for a single letting, which can be reduced to 7m2, if there is a
communal lounge. Double rooms should be 15m2 and 11m2 respectively.
Natural Light and Ventilation
Clear glazing equivalent in area to 10% of the floor area of the room should be provided in each letting.
Openable windows equivalent in area to 5% of the floor area of the room should be provided in each
letting. Doors to open air cannot be included in the reckoning.
Fire Safety
Fire safety provisions and equipment should be provided as appropriate to the accommodation in line with
the domestic fire safety standard:
Fire Alarms
Fire can break out in even the most safety conscious household, and should this happen, toxic smoke can
very quickly spread throughout the house. It is most important, therefore to alert the occupants as soon as
possible that a fire has broken out in the house. The most effective way of providing this early warning is to
fit electrically operated fire detection and alarm systems.
These can range from single, battery operated smoke alarms which are widely available from only a few
pounds to quite sophisticated mains operated systems linked to a remote monitoring service who will alert
Fire and Rescue should the alarm be actuated in the property. Both the Council and Fire and Rescue
recommend a system of smoke and heat alarms which are mains operated and have a battery backup.
Smoke alarms must be interlinked, either by physical inter-wiring or by a wireless signal, so that when one
alarm detects a fire, all the alarms in the building will sound.
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In single family homes and low risk houses in multiple occupation the normal standard would be to provide
smoke alarms in the circulation space (hall, stairs and landing) and heat alarms in the kitchen. In most other
types of HMO additional alarms are located inside the lettings.
Means of Escape
In all cases there should be a clear escape route from all parts of the house to open air. This is usually the
landing, staircase and hallway to the front door. These routes must be kept clear of obstruction and a
lockable door should be able to be opened from the inside without using keys. In all but the low risk Houses
in Multiple Occupation, doors onto the escape route should be to an approved fire resisting standard.
Windows are not accepted as means of escape however ground and first floor windows must be openable
to allow exit or access for rescue should the normal escape route not be available.
Firefighting Equipment
It is recommended that all kitchens are provided with a fire blanket, kept in an easily accessible position. It
is also generally recommended that this is supplemented by a 2Kg Dry Powder extinguisher in or near to
the kitchen (the extinguisher may be needed to cover other hazards on the ground floor). In HMOs it is
normal to fit a 2Kg Dry Powder extinguisher on each landing.
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Appendix B The Housing Health and Safety Rating System (HHSRS)
Summary of the 29 HHSRS Hazards
1. Damp mould growth
Health threats due to dust mites, mould or fungal growths, including mental and social well-being health threats associated with damp, humid, mouldy conditions.
Health effects: Allergies; asthma; effects of toxins from moulds; fungal infections
2. Excess cold
Threats to health from sub-optimal indoor temperatures. Healthy indoor temperature is approximately
21C.
Health effects: Respiratory (influenza, pneumonia & bronchitis); cardiovascular conditions (heart attacks
and strokes); thermoregulatory system impairment; etc.
3. Excess Heat
Threats due to excessively high indoor air temperatures.
Health effects: Dehydration; trauma; stroke; cardiovascular, respiratory & genitourinary disorders.
4. Asbestos (and MMF)
Presence of, and exposure to, asbestos fibres and manufactured mineral fibres (MMF) within dwellings.
Health effects: Pleural disease; lung cancer; mesothelioma
NOTE: Attempting to remove asbestos which is in good condition and not likely to be disturbed is
significantly more hazardous than not removing it. Work on asbestos should be done by a contractor
licensed by the Health and Safety Executive.
5. Biocides
Threats to health from chemicals used to treat timber and mould growth.
Health effects: Risk from inhalation; skin contact; ingestion.
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6. Carbon monoxide and fuel combustion products
Hazards due to the presence of excess levels in the atmosphere of carbon monoxide, nitrogen dioxide or sulphur dioxide and smoke within the dwelling.
Health effects: Dizziness; nausea; headaches; disorientation; unconsciousness; respiratory disorders;
bronchitis and breathlessness.
7. Lead
Health threat from lead ingestion. Lead sources: paint, water pipes, soil, fumes from leaded petrol.
Health effects: Lead poisoning; nervous disorders; cognitive development issues; blood production
8. Radiation
Health threats from radon gas and its daughters, primarily airborne, but also radon dissolved in water;
Concern expressed about possible health effects of electromagnetic fields (EMFs); Leakage from microwave
ovens (rare).
Health effects: Lung cancer caused by radon gas.
9. Uncombusted fuel gas
Threat from fuel gas escaped into the atmosphere within the dwelling.
Health effects: Asphyxiation
10. Volatile organic compounds
Diverse group of organic chemicals, including formaldehyde, that are gaseous at room temperature and
found in a wide variety of materials in the home.
Health effects: Allergies; irritation to eyes, nose, skin and respiratory tract; headaches; nausea
11. Crowding & space
Hazards associated with lack of space for living, sleeping and normal household/family life.
Health effects: Psychological distress & mental disorders; increase hygiene risk & risk of accidents; personal
space and privacy needs compromised
12. Entry by intruders
Difficulties in keeping a dwelling secure against unauthorised entry and the maintenance of defensible space.
Health effects: Fear of burglary occurring; stress and anguish caused by burglary; injuries caused by
intruder.
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13. Lighting
Threats to physical and mental health associated with inadequate natural/artificial light, including psychological effects associated with the view from the dwelling through glazing. Health effects: Depression and psychological effects due to lack of natural light, eyestrain from glare and inadequate light.
14. Noise
Threats to physical and mental health due to exposure to noise inside the dwelling or within its curtilage.
Health effects: Psychological and physiological changes resulting from sleep disturbance; poor
concentration; headaches; and anxiety.
15. Domestic hygiene, pests and refuse
Poor design, layout and construction, such that the dwelling cannot be readily kept clean and hygienic; access into, and harbourage within the dwelling for pests; inadequate and unhygienic provision for storing and disposal of household waste. Health effects: Gastrointestinal disease; infection; asthma; allergies; food spoilage; disease from rats and birds; physical hazards.
16. Food safety
Threats of infection from inadequacies in provision and facilities for storage, preparation and cooking of food. Health effects: Gastrointestinal disease; diarrhoea; vomiting; stomach upsets; dehydration.
17. Personal hygiene, sanitation and drainage
Threats of infection and threats to mental health associated with personal hygiene, including personal and clothes washing facilities, sanitation and drainage. Health effects: Gastrointestinal disease; dysentery; skin infections; depression.
18. Water supply for domestic purposes
The quality and adequacy of the water supply within the dwellings for drinking and domestic purposes,
including threats to health from contamination by bacteria, protozoa, parasites, viruses and chemical
pollutants.
Health effects: Dehydration; fatigue; headaches; dry skin; bladder infections; gastrointestinal and
respiratory disorders; Legionnaires’ disease.
19. Falls associated with baths etc.
Falls associated with a bath, shower or similar facility.
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Health effects: Physical injuries; cuts; lacerations; swelling; bruising.
20. Falls on the level
Falls on any level surface such as floors, yards and paths, including falls associated with trip steps,
thresholds or ramps where the change in level is less than 300mm.
Health effects: physical injury; bruising; fractures; head, brain and spinal injuries.
21. Falls associated with stairs and steps
Falls associated with stairs, steps and ramps where the change in level is greater than 300mm. It includes
falls associated with internal or external stairs or ramps; It includes falls over balustrading associated with
stairs, steps or ramps.
Health effects: Physical injury; bruising; fractures; head, brain and spinal injuries.
22. Falls between levels
Falls from one level to another, inside or outside a dwelling, where the difference in levels is more than
300m. E.g. falls from balconies, landings, out of windows, over garden retaining walls etc.
Health effects: Physical injuries.
23. Electrical hazards
Hazards from shock and burns resulting from exposure to electricity, including from lightning strikes.
Health effects: Shock
24. Fire
Threats from exposure to uncontrolled fire and associated smoke at a dwelling. It includes injuries from
clothing catching alight, which appears to be common when people attempt to extinguish such a fire
Health effects: Burns, being overcome by smoke or gas, death.
25. Hot surfaces and materials
Threats of burns – injuries caused by contact with a hot flame or fire, with hot objects or hot non-water
based liquids; scalds – injuries caused by contact with hot liquids and vapours. Includes burns caused by
clothing catching alight.
Health effects: burns; scalds; permanent scarring; death.
26. Collision and entrapment
Risks of injury from trapping body parts in architectural features, e.g. trapping fingers in doors; and
colliding with objects such as architectural glazing, windows, doors, low ceilings, walls.
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Health effects: Injuries through collision or entrapment involving doors and windows, e.g. cuts from glass,
shutting door on part of body.
27. Explosions
Threat from the blast of an explosion, from debris generated by the blast and from the partial or total
collapse of a building as the result of an explosion.
Health effects: While the likelihood of an explosion is small, injuries can include: physical injuries, crushing;
bruising; puncture; fractures; head, brain and spinal injuries; scalding if involves hot water.
28. Position and Operability of Amenities etc.
Threats of physical strain associated with functional space and other features at dwellings.
Health effects: Strain and sprain injuries.
29. Structural collapse and falling elements
Threat of dwelling collapse or of a part of the fabric being displaced or falling due to inadequate fixing,
disrepair or the result of adverse weather conditions.
Health effects: Physical injuries.
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Appendix C List of Abbreviations
BRE Building Research Establishment
CERT Carbon Emissions Reduction Target
CESP Community Energy Savings Programme
CLG Department for Communities and Local Government
CO2 Carbon Dioxide
COA Census Output Area
DECC Department for Energy and Climate Change
DFG Disabled Facilities Grant
DHS Decent Homes Standard
DWP Department for Work and Pensions
EDMO Empty Dwelling Management Order
EHCS English House Condition Survey
EHS English Housing Survey
GIS Geographical Information System
HHSRS Housing Health and Safety Rating System
HIA Home Improvement Agency
HMO House in Multiple Occupation
LPG Liquefied petroleum gas
NPPF National Planning Policy Framework
ODPM Office of the Deputy Prime Minister
PSA Public Service Agreement
PSHSCS Private Sector Stock Condition Survey
PV Photo Voltaic
RPs Registered Providers
RRO Regulatory Reform Order
RSL Registered Social Landlord
S257 HMO Section 257 House in Multiple Occupation
SAP Standard Assessment Procedure
SEH Survey of English Housing
TCS Thermal Comfort Standard
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g to
imp
rove
sta
nd
ard
s o
f H
MO
’s.
»R
and
om
sam
ple
of
19
0 H
MO
’s.
»C
arri
ed
ou
t o
ver
fou
r w
ee
k p
eri
od
in J
uly
20
14
co
veri
ng
a ra
nge
of
ho
usi
ng
con
dit
ion
ind
icat
ors
incl
ud
ing
haz
ard
s, in
tern
al a
nd
exte
rnal
co
nd
itio
ns,
fir
e s
afet
y an
d e
ntr
y b
y in
tru
de
rs.
»O
bta
ine
d v
iew
s fr
om
te
nan
ts o
n p
rop
ert
y m
anag
em
en
t.
»A
lso
an
En
viro
nm
en
tal S
urv
ey.
Cri
teri
a fo
r A
dd
itio
nal
Lic
en
sin
g
»Ex
tern
al c
on
dit
ion
an
d c
urt
ilage
(in
clu
din
g ya
rds
and
gar
de
ns)
ad
vers
ely
im
pac
ts u
po
n t
he
ge
ne
ral c
har
acte
r an
d a
me
nit
y o
f th
e a
rea
in w
hic
h t
hey
are
lo
cate
d.
»In
tern
al c
on
dit
ion
, su
ch a
s p
oo
r am
en
itie
s, o
verc
row
din
g et
c. a
dve
rse
ly im
pac
t u
po
n t
he
he
alth
, saf
ety
and
we
lfar
e o
f th
e o
ccu
pie
rs a
nd
th
e la
nd
lord
s o
f th
ese
p
rop
ert
ies
are
fai
ling
to t
ake
ap
pro
pri
ate
ste
ps
to a
dd
ress
th
e is
sue
s.
»La
ck o
f m
anag
em
en
t o
r p
oo
r m
anag
em
en
t sk
ills
or
pra
ctic
es
are
oth
erw
ise
ad
vers
ely
imp
acti
ng
up
on
th
e w
elf
are
, he
alth
or
safe
ty o
f re
sid
en
ts a
nd
/or
imp
acti
ng
up
on
th
e w
ide
r co
mm
un
ity.
»Si
gnif
ican
t an
d p
ers
iste
nt
pro
ble
m o
f an
ti-s
oci
al b
eh
avio
ur
affe
ctin
g o
the
r re
sid
en
ts a
nd
/or
the
loca
l co
mm
un
ity
and
th
e la
nd
lord
s o
f th
e H
MO
s ar
e n
ot
taki
ng
reas
on
able
an
d la
wfu
l ste
ps
to e
limin
ate
or
red
uce
th
e p
rob
lem
s.
(20
13
Stu
dy
ad
dre
ssed
ASB
Issu
es)
Sam
ple
Ad
dre
sse
s
Age
an
d t
ype
of
ho
usi
ng
sto
ck
Inte
rnal
an
d E
xte
rnal
Co
nd
itio
ns
- Su
rvey
Milt
on
Key
ne
s
Nu
mb
er
%
Maj
or
Rep
airs
5
3
%
Min
or
Rep
airs
3
0
16
%
No
ne
15
6
81
%
Milt
on
Key
ne
s
Nu
mb
er
%
Maj
or
Rep
airs
2
1
%
Min
or
Rep
airs
3
7
19
%
No
ne
15
2
80
%
Inte
rnal
an
d E
xte
rnal
Co
nd
itio
ns
- Te
nan
t
Ho
usi
ng
He
alth
an
d S
afet
y R
atin
g Sy
ste
m
»Th
e le
gal m
inim
um
sta
nd
ard
fo
r h
ou
sin
g is
me
asu
red
thro
ugh
a H
azar
d R
atin
g Sy
ste
m w
hic
h c
ove
rs 2
9 h
azar
ds
acro
ss 4
mai
n c
ate
gori
es
ou
tlin
ed
bel
ow
.
»P
hys
iolo
gica
l Re
qu
ire
me
nts
(e
.g. d
amp
& m
ou
ld g
row
th,
exce
ss c
old
, asb
est
os,
car
bo
n m
on
oxi
de
, rad
on
, etc
.)
»P
sych
olo
gica
l Re
qu
ire
me
nts
(cr
ow
din
g an
d s
pac
e, e
ntr
y b
y
intr
ud
ers
, lig
hti
ng,
no
ise
)
»P
rote
ctio
n A
gain
st In
fect
ion
(d
om
est
ic h
ygie
ne
, fo
od
saf
ety
,
pe
rso
nal
hyg
ien
e, w
ate
r su
pp
ly)
»P
rote
ctio
n A
gain
st A
ccid
en
ts (
e.g
. fal
ls o
n t
he
leve
l, o
n s
tair
s &
ste
ps
& b
etw
ee
n le
vels
, ele
ctri
cs, f
ire
, co
llisi
on
)
Haz
ard
s
M
ilto
n K
eyn
es
Nu
mb
er
%
Cat
ego
ry 1
Haz
ard
2
1
%
Cat
ego
ry 2
Haz
ard
2
9
15
%
No
Haz
ard
1
60
8
4%
Ove
r-C
row
din
g an
d F
ire
Saf
ety
M
ilto
n K
eyn
es
Nu
mb
er
%
LD2
Ala
rm
91
4
8%
Wir
ed A
larm
9
0
47
%
Bat
tery
Ala
rm
5
3%
No
Ala
rm
4
2%
An
ti-S
oci
al B
eh
avio
ur
- Te
nan
t
Pro
pe
rty
Man
age
me
nt
»Te
nan
cy A
gre
em
en
t: T
he
vast
maj
ori
ty (
89
%)
of
lan
dlo
rds
pro
vid
e a
ten
ancy
agr
eem
ent,
wit
h ju
st 4
% o
f re
spo
nd
ents
say
ing
they
did
n
ot
hav
e a
wri
tten
ten
ancy
agr
eem
ent
and
7%
wh
o d
id n
ot
kno
w.
»R
en
t d
ep
osi
t b
acke
d b
y G
ove
rnm
en
t sc
he
me
: Th
e m
ajo
rity
(7
2%
) o
f te
nan
ts h
ave
thei
r d
epo
sits
pro
tect
ed u
nd
er a
go
vern
men
t b
acke
d d
epo
sit
sch
eme
. Ju
st 3
% s
aid
th
at t
hey
wer
e aw
are
that
th
eir
dep
osi
t w
as n
ot
pro
tect
ed a
nd
14
% w
ere
un
sure
.
»P
oo
r m
anag
em
en
t b
y th
e L
and
lord
: Ju
st 3
res
iden
ts (
1.6
%)
felt
th
at
po
or
man
agem
ent
of
thei
r H
MO
by
thei
r la
nd
lord
was
a f
airl
y b
ig
pro
ble
m, w
ith
th
e va
st m
ajo
rity
rep
ort
ing
po
or
man
agem
ent
no
t to
b
e a
big
pro
ble
m (
7.9
%)
or
no
t a
pro
ble
m a
t al
l (9
0.5
%).
Envi
ron
me
nt
Surv
ey –
Lim
ite
d Is
sues
Init
ial C
on
clu
sio
ns
»Th
ere
has
be
en
sig
nif
ican
t gr
ow
th in
th
e H
MO
se
cto
r in
Milt
on
K
eyn
es.
Th
is h
as s
ign
ific
ant
imp
licat
ion
s fo
r th
e C
ou
nci
l in
te
rms
of
mai
nta
inin
g o
vera
ll h
ou
sin
g co
nd
itio
ns
in t
he
HM
O s
ect
or,
ho
usi
ng
ne
ed
an
d h
ou
sin
g d
em
and
.
»Th
e e
vid
en
ce a
t th
is t
ime
do
es
no
t su
gge
st a
de
sign
atio
n o
f A
dd
itio
nal
Lic
en
sin
g in
Milt
on
Key
ne
s, b
ut
the
Co
un
cil s
ho
uld
co
nti
nu
e t
o m
on
ito
r th
e e
nvi
ron
me
nta
l qu
alit
y o
f th
e a
rea,
an
d in
p
arti
cula
r th
ose
pro
ble
ms
that
Ad
dit
ion
al L
ice
nsi
ng
cou
ld a
dd
ress
su
ch a
s p
rop
ert
y fr
on
tage
issu
es.
»O
vera
ll th
e c
urr
en
t co
ntr
ol m
eas
ure
s b
y th
e C
ou
nci
l are
go
od
an
d
be
ing
imp
lem
en
ted
by
resp
on
sib
le la
nd
lord
s ac
ross
th
e m
ajo
rity
of
HM
Os
in M
ilto
n K
eyn
es.
As
you
wo
uld
exp
ect
in a
ny
are
a th
ere
will
al
way
s b
e is
ola
ted
pro
pe
rtie
s in
ne
ed
of
en
forc
em
en
t ac
tio
n a
nd
th
is
is a
n o
ngo
ing
issu
e n
atio
nw
ide
.
Than
k Yo
u
An
y Q
ue
stio
ns?
Opinion Research Services | The Strand • Swansea • SA1 1AF | 01792 535300 | www.ors.org.uk | [email protected]
Consultation in relation to exploring the feasibility of introducing Additional and Selective Licensing in Milton Keynes
Executive Summary
Opinion Research Services
January 2014
ANNEX C TO ITEM 9
Opinion Research Services | The Strand • Swansea • SA1 1AF | 01792 535300 | www.ors.org.uk | [email protected]
Consultation in relation to exploring the feasibility of introducing Additional and Selective Licensing in Milton Keynes
Executive Summary by Opinion Research Services
Opinion Research Services
The Strand Swansea SA1 1AF 01792 535300 | www.ors.org.uk | [email protected]
As with all our studies, findings from this survey are subject to Opinion Research Services’ Standard Terms and Conditions of Contract.
Any press release or publication of the findings of this survey requires the advance approval of ORS. Such approval will only be refused on the grounds of inaccuracy or misrepresentation
© Copyright January 2014
Opinion Research Services | Milton Keynes Council – Additional and Selective Licensing Consultation January 2014
3
The ORS Project Team Project Design, Management and Reporting
Steve Jarman
Katie Amesbury
Hannah Champion
David Harrison
Jane Moore
Fieldwork Management
Kirsty Millbank
Leanne Hurlow
Data Analysis
Richard Harris
Joe Marchant
Timothy Driscoll
Opinion Research Services | Milton Keynes Council – Additional and Selective Licensing Consultation January 2014
4
Acknowledgements ORS would like to thank Linda Ellen and Jane Harrison at Milton Keynes Council for their help
and assistance in developing the project. We would also like to thank the residents, landlords
and other stakeholders who took part in the survey and contributed towards the other
elements of consultation, without whose valuable input the research would not have been
possible.
Opinion Research Services | Milton Keynes Council – Additional and Selective Licensing Consultation January 2014
5
1. Executive Summary 1.1 Opinion Research Services were appointed by Milton Keynes Council (MKC) to undertake a
consultation programme with a wide range of stakeholders in Milton Keynes including residents,
landlords, councillors, parish and town councils, HiMO tenants, landlord groups, resident
associations and internal partners within the Council.
1.2 The consultation programme sought to seek views and gather evidence to support the potential
extension of mandatory licensing for the private rental sector and in particular Houses in Multiple
Occupation (HiMO’s) in Milton Keynes in order to improve the overall quality of life for local
residents.
1.3 The consultation programme included both quantitative and qualitative methodological
approaches that ORS felt would enable the project objectives to be met. These included
exploration of the following issues:
» A review of secondary data;
» Satisfaction with current property conditions, property management
arrangements, and tenant and landlord relationships;
» Satisfaction with the neighbourhood that their accommodation is in; and
» Concerns about levels of crime and ASB.
1.4 The consultation programme comprised the following strands:
» A review of secondary data;
» An open survey for residents, landlords and other stakeholders to complete;
» A closed survey with a sample of residents in wards with high levels of private
rented properties and high levels of crime and anti-social behaviour;
» A deliberative forum with members of the Milton Keynes Private Landlords
Association; and
» Depth interviews with key stakeholders and officers from the Council.
1.5 While this Executive Summary seeks to give a balanced assessment of the discussion outcomes,
readers are referred to the detail of the full report for a more comprehensive account of the views
expressed – in particular, for an account of people’s priorities, assumptions and reasons for these
views.
1.6 Please note that this Executive Summary DOES NOT include any interpretation of the findings of
the study or any recommendations for Milton Keynes Council on taking forward any proposals for
the introduction of Additional or Selective Licensing.
Opinion Research Services | Milton Keynes Council – Additional and Selective Licensing Consultation January 2014
6
Main Findings
Review of Secondary Data
1.7 Over the past decade Milton Keynes has seen an increase in population of over 20%. This is
significantly higher than for other surrounding local authorities. This represents an increase of
some 41,761 persons. The latest Mid-Year Estimate (2012) has increased the population by a
further 3,579 to 252,400.
1.8 As with much of the South East of England, the housing market in Milton Keynes has seen
significant change over recent years. A key feature of this change across the region has been a
growing and adapting role for the private rented sector. Between 2001 and 2011, Census data
shows that the number of households in Milton Keynes increased by 15,221, or a growth of 18.3%.
The private rented sector, however, increased by 259.6% in that period with the number of
households in that tenure increasing from 6,579 to 17,066. The sector now makes up 17.3% of
housing stock in Milton Keynes, a rise from 7.6% in 2001. This has come at the expense of the
home ownership where the market share has dropped from 70.4% in 2001 to 57.7% in 2011, and
also a small drop in the social housing sector from 20.4% to 18.0%.
1.9 There are higher concentrations of private rented properties around the central area of Milton
Keynes in the wards of Campbell Park, Lindford South, Middleton, Bradwell, Woughton, Walton
Park and Wolverton. In addition there are pockets of high proportions of private rented
accommodation in Olney, Sherington and Newport Pagnell.
1.10 As of 28th November 2013 Milton Keynes Council had licenced a total of 205 HiMO’s. They have
identified a further 25 properties that may need a licence under the current mandatory licensing
requirements. In addition Milton Keynes Council have identified a further 401 potential HiMO
properties that do not require a licence under the current mandatory scheme but may need a
licence if Additional or Selective Licensing is introduced. It should be noted that this may be an
under-estimate as work undertaken by ORS in 2010 has shown there could be as many as 700
additional HiMO’s across Milton Keynes that are not covered by the current requirement for
mandatory licensing.
1.11 Work undertaken by ORS for Milton Keynes Council in 2010 also showed the following:
» HiMO’s are predominantly to be found near the centre of Milton Keynes.
» Over 80% of respondents from HiMO’s are employed, with less than 5% of this
group working outside of Milton Keynes.
» That the majority of HiMO’s in Milton Keynes were occupied by young working
households and appeared to be fulfilling a vital role in providing accommodation
for young workers who would otherwise struggle to afford to live in the area, and
would not be eligible for Council accommodation.
Opinion Research Services | Milton Keynes Council – Additional and Selective Licensing Consultation January 2014
7
» Around two thirds (66%) of those living in a HiMO have been living in their current
property for less than a year with less than 10% having for 2 or more years. This
indicated that there was a high turnover of households living in HiMO’s. For
comparison, only around 1 in 8 households (13%) across the whole of Milton
Keynes had moved within the last 12 months at the time of the interviews.
1.12 Data has been obtained from Milton Keynes Council on the number of recorded incidents of crime
and anti-social behaviour (ASB) for the year July 2012 to July 2013.
1.13 In relation the All Crime per 1,000 Population there are 5 wards with a rate higher than that for
Milton Keynes as a whole – which is 86.9. These are Campbell Park1 (262.4), Woughton (147.7),
Bletchley and Fenny Stratford (141.4), Wolverton (102.9) and Bradwell (92.2).
In relation to ASB per 1,000 Population there are 6 wards with a rate higher than that for Milton
Keynes as a whole – which is 22.7. These are Woughton (56.2), Campbell Park (50.6), Eaton Manor
(39.8), Wolverton (28.1), Bletchley and Fenny Stratford (27.9) and Denbigh (26.0). This compares
to a rate of 18.4 for the Thames Valley Police area as a whole and 40.1 for England and Wales.
1.14 In relation to an overall Composite Crime Ranking Indicator the scores ranged from 35 in
Sherington up to 246 in Campbell Park. The 6 wards with the highest composite scores were
Campbell Park (246), Woughton (236), Bletchley and Fenny Stratford (228), Wolverton (200),
Bradwell (192) and Linford South (170).
A comparison made at a ward level to identify whether there is a correlation2 between incidences of
ASB and the proportion of private rented properties and incidences of ASB and the proportion of
social rented properties (Council and RSL) shows there to be a far stronger correlation between
ASB incidents and proportion of social housing (R2=0.6693) than that for the correlation between
ASB and private rented properties (R2=0.1101).
1.15 A comparison was also made at an LSOA level to identify whether there is a correlation between
incidences of ASB, private rented properties and social rented properties (Council and RSL) and
this also shows a far stronger correlation between ASB incidents and social housing (R2=0.4823)
than that for the correlation between ASB and private rented properties (R2=0.0142).
1.16 Data was also obtained from Milton Keynes Council on recorded incidents of ASB from tenants of
Council properties between July 2012 and July 2013. This shows that 1 in 3 complaints were
received about Council tenants in the Bletchley area.
1 It should be noted that the Campbell Park ward includes the city centre shopping area, as well as a high number of
pubs, nightclubs and other entertainment venues, and that high levels of crime and ASB cannot be reliably attributed to housing without further analysis being undertaken. 2 Correlation is defined as the degree of a relationship between 2 sets of variables. A score closer to 1.0 indicates a
very strong positive relationship and a score closer to 0.0 indicates a very weak relationship. However it must also be noted that a positive correlation does NOT necessarily indicate causation.
Opinion Research Services | Milton Keynes Council – Additional and Selective Licensing Consultation January 2014
8
1.17 Analysis of data on environmental complaints received by Milton Keynes Council in 2012-13 shows
that the highest numbers of complaints were in relation to noise. Accumulations of refuse, public
health issues, smoke and problems associated with vermin and health and safety issues were also
common. When looked at on a year-by year basis the overall trends show that in most cases the
numbers of complaints fell between 2009 and 2013.
1.18 The wards with the highest number of the most common complaints were Wolverton, Campbell
Park, Woughton, Bradwell and Bletchley and Fenny Stratford.
1.19 Where it has been possible to identify whether a complaint has been received in relation to a
property that is known to be a HiMO the most common were noise from music, noise from
people, noise from parties and accumulations of refuse. The majority of complaints were received
in relation to properties in Campbell Park, Bradwell and Middleton which accounted for over four
fifths of all complaints related to HiMO’s. The ratio of complaints from HiMO’s compared with the
ratio of all other complaints for the remaining housing stock in Milton Keynes suggests that
complaints are 3 times more likely to be received from HiMO’s than other properties (1:11
compared to 1:32).
1.20 Data obtained from DEFRA on fly-tipping incidents shows that the total number of incidents in
Milton Keynes dropped by 2,195 between 2011-12 and 2012-13 from 5,726 to 3,531. In addition
the number of instances of fly-tipping on Council land also fell by 2,296 from 5,597 to 3,301.
1.21 Compared to surrounding local authority areas Milton Keynes has a marginally higher proportion
of Housing Benefit claimants in the rented housing sector with almost three fifths of those living in
rented properties claiming as at February 2013. There has also been a steady rise in the number of
claimants between November 2008 and February 2013 from 16,643 to 20,816.
Resident, Landlord and Stakeholder Questionnaires
1.22 A total of 717 responses were received for the open questionnaire and a further 127 responses
were received for the closed questionnaire.
1.23 A total of 527 responses to the open questionnaire were received from landlords, with a further
106 coming from individuals and 84 from those with another interest in Milton Keynes.
1.24 It should be noted that, whilst percentages are used in the summary of responses, the number of
responses from Other Interests and Individuals are too low to be statistically robust and therefore
give an indicative picture of the views from these groups.
1.25 Whilst there were issues where there was agreement on certain issues there were also some
significant difference between the views of landlords, other interests and individuals who
responded to the open survey and individuals who responded to the closed survey on a number of
issues.
Opinion Research Services | Milton Keynes Council – Additional and Selective Licensing Consultation January 2014
9
1.26 When asked about their views and experiences of crime and anti-social behaviour in their local
area there would appear to be a degree of inconsistency between landlords/letting agents and the
other interest groups, individuals and Household Survey respondents about the level of problems.
1.27 Generally, a very low proportion (10% or less) of landlords and letting agents feel that each of the
issues are a problem in their local area. In contrast, more than two fifths (46%) of Household
Survey respondents reported that rubbish, fly tipping or litter lying around is a problem in their
local area, as do around 3 in 10 other interest (32%) and individual (28%) respondents.
1.28 When asked if they had experienced any problems landlords/letting agents have had less personal
experience of the problems compared to the other respondents groups, with a higher proportion
of Household Survey respondents having experienced problems.
1.29 More than three fifths of Household Survey respondents and two fifths of individual respondents
to the Open Questionnaire have experienced rubbish, fly tipping or litter lying around in their local
area in the last 2 years, compared to only 23% of landlords/letting agents.
1.30 Two fifths or more (45%) of Household Survey respondents and a third of respondents to the
Open Questionnaire have experienced noisy neighbours or loud parties and teenagers hanging
around on the streets (40%), compared to only just over 1 in 10 of landlords/letting agents.
1.31 When asked about their views on the private rented sector in Milton Keynes there was a degree of
variation between the different respondent groups and questionnaire types on a number of
issues. While 3 in 10 Household Survey respondents and more than a fifth of other interest and
individual Open Questionnaire respondents agree that private rented properties cause a lot of
anti-social behaviour or nuisance in Milton Keynes, only 2% of landlords/letting agents feel this
way.
1.32 The majority of Household Survey respondents (86% or 86 respondents) agree that landlords and
letting agents should take firmer action against nuisance or anti-social behaviour compared to
around half of other interest and individual Open Questionnaire respondents, and less that 1 in 3
landlords/letting agents.
1.33 Just a quarter of Household Survey respondents agree that private rented properties in Milton
Keynes are well managed, compared to more than half of other interest and more than three
fifths of individual Open Questionnaire respondents, while the majority (90%) of landlords/letting
agents agree with this statement.
1.34 When asked to what extent they feel that issues to do with privately rented properties in Milton
Keynes are a problem only very small proportions of landlords/letting agents feel that any of the
issues listed are a problem in Milton Keynes. Conversely, Household Survey respondents feel that
the poor management, condition and quality of privately rented properties, and rogue/bad
landlords are a problem.
1.35 Around a third of Open Questionnaire respondents and Household Survey respondents have
experienced problems with tenants, compared to a fifth of landlords/letting agents. The main
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problems that individual respondents experienced were noise (loud music being played at anti-
social hours) and rubbish (fly-tipping, rubbish causing pests).
1.36 The main problem that all individuals have experienced with landlords is not having maintenance
of property dealt with properly i.e. poor repair work/needs updating.
1.37 Almost half of private landlords and letting/managing agents are a member of the Association of
Residential Letting Agents (ARLA), while more than a fifth are a member of the National Landlord
Association (NLA).
1.38 Almost all Open Questionnaire and Household Survey respondents who are private or social
housing tenants reported that their landlord or letting agent provided them with a written tenancy
agreement when they moved into their property (98%, respectively).
1.39 When asked for their views on the introduction of further licensing of private rented properties in
Milton Keynes very few landlords and letting agents agreed with any of the statements that would
typically be considered to be positive outcomes of a licencing scheme (i.e. ensuring properties are
well maintained and managed, making areas more attractive and reducing anti-social behaviour).
Conversely, most landlord and letting agents agreed with those statements that could be
considered to be a broadly negative outcomes of such schemes (i.e. increasing rents, landlord
costs and bureaucracy).
1.40 When looked at for the other respondent groups three quarters or more agree that private
property licensing will increase the power of the Council over property owners wanting to rent
their properties, and that private property licensing will ensure that privately rented properties
are well maintained and managed. Over three quarters felt that private property licensing will
increase rents.
1.41 The majority of landlords/letting agents (83%) think that the current charge of £885 to landlords
for the licensing of Houses in Multiple Occupation is too high, whilst only a fifth of Household
Survey respondents think it is too high.
1.42 Only 5% of landlords/letting agents agree with Milton Keynes Council’s proposal to require the
landlords of all privately rented properties to apply for a licence. Conversely, the majority (80% or
93) of Household Survey respondents agree with the proposal to require the landlords of all
privately rented properties to apply for a licence.
1.43 The Open Questionnaire shows that over two fifths of landlords/letting agents and half of
individual respondents do support the proposal to require the landlords of HiMO’s with 3 or more
tenants who share a kitchen or bathroom or section 257 HiMO’s to apply for a licence, whilst the
majority (86% or 101) of Household Survey respondents agree with the proposal.
1.44 When asked why they disagreed with any further licensing the highest proportion of respondents
groups said that the proposals are ‘just another money making scheme/additional tax/increased
cost for landlords/will generally increase costs’ and ‘proposals will mean rental prices will go
up/cost will be passed onto tenants’.
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1.45 Only a fifth of landlords/letting agents agree with Milton Keynes Council’s proposals on general
licence conditions, conversely, the Household Survey shows that four fifths of respondents agree
with proposals on general licence conditions.
1.46 The Open Questionnaire shows the majority of landlords/letting agents, other interest groups and
individuals agree with the proposal to deliver property licensing on a ‘worst first’ approach, while
the Household Survey shows that more than four fifths are in agreement.
Landlord Forum
1.47 A total of 48 people attended the workshop with the Landlord Forum - 33 were individual private
landlords, and 12 were representatives from a range of letting agents. In addition there were 2
representatives from the Milton Keynes Private Landlords Association and 1 representative from
the National Landlords Association.
1.48 After the initial analysis of the outcomes from each of the round table discussions at the workshop
a number of common themes and questions were identified:
» How will the income generated by any licensing scheme be used?
» That from the viewpoint of landlords and letting agents there is limited experience
of ASB at private rented properties in Milton Keynes.
» How will Milton Keynes Council and Social Landlords deal with ASB from Council
and Social Rental tenants?
» Landlords and Letting Agents did not see how licensing would deal with ASB.
» That Landlords and Letting Agents felt that legislation and measures are already in
place for the Council and Police to deal with ASB and rogue landlords.
» That Landlords and Letting Agents did not believe that additional or selective
licensing will deal with problems of rogue landlords.
» That Landlords and Letting Agents felt that the costs of any scheme would be
passed on to tenants through increases in rent.
» That there is evidence from schemes in other parts of the UK that the introduction
of additional or selective licensing has been problematic in relation to the costs of
establishing and administering the schemes and in terms of decreased property
values in those areas where schemes have been introduced.
» That the introduction of additional or selective licensing is leading to increases in
property insurance and making it hard for people to obtain mortgages.
» That the introduction of additional or selective licensing would lead to Landlords
and Letting Agents becoming reluctant to take on problem tenants and that these
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would subsequently become the responsibility of the Council or social rental
sector to house.
» That the introduction of additional or selective licensing will force private
landlords out of the rental market resulting in additional pressures on Council and
social housing providers.
» That Landlords and Letting Agents questioned whether the existing non-
mandatory Landlord Accreditation Scheme could be a viable alternative if it were
promoted more.
1.49 In addition prior to the Workshop a copy of a letter was circulated to those who were attending.
The letter was from a legal company and set out a number of issues relating to the introduction of
selective licensing throughout Milton Keynes. The letter also asked for Landlords and Letting
Agents to contribute a sum of £100 per property to help raise funds for any potential legal
challenges should the decision be taken to go forward with any further licensing scheme.
Stakeholder Interviews
1.50 As part of the overall project looking at whether there are opportunities to explore additional or
selective licensing in Milton Keynes Opinion Research Services (ORS) undertook a series of 11 in-
depth telephone interviews with a range of stakeholders.
1.51 After the initial analysis of the outcomes from each of the interviews a number of common
themes and questions were identified:
» Support for the proposals was very limited, and interviewees were concerned that
licensing would add unnecessary complexity and cost. It could result in landlords
withdrawing from the market at a time of housing shortage. Interviewees also
noted that licensing would require enforcement to be effective and that this
would require additional resources.
» There was no support for selective licensing to deal with ASB in general family
housing, interviewees found no connection between ASB and private rented
accommodation, they suggested that the mix of population found in social
housing was more likely to give rise to ASB, whereas private landlords vetted their
tenants.
» There was very limited support for additional licensing to deal with ASB in HiMO’s,
interviewees considered that the Council had sufficient powers already, and that
landlords with problem tenants would move them on.
» There was very limited support for selective licensing to deal with poor
management of general family housing; interviewees commented that most
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housing in Milton Keynes was relatively new, and that there were existing powers
available.
» There was limited support for additional licensing to deal with poor management
of HiMO’s. Those who supported the proposal suggested that it would be an
opportunity to improve fire safety measures.
» Interviewees commented that licensing would be ineffectual without
enforcement. Interviewees also supported knowledge sharing and mentoring as a
means of improving standards.
» There was no support for selective or additional licensing to deal with problem
landlords. Interviewees commented that those who flouted existing regulation
would ignore any new regime.
» There was support for incentives to raise standards.
Written Submissions
1.52 In addition to responses to the postal and online questionnaires a total of 9 written submissions
were received as part of the consultation exercise. These were received from Netherfields
Residents Association; Wolverton and Greenleys Town Council; Newport Pagnell Town Council; 3
Private Landlords; Milton Keynes Private Landlords Association; the Residential Landlords
Association and the National Landlords Association.
1.53 ORS has read all of the written submissions and none have been disregarded even if they were not
expressed in a formal way. After the review of the written submissions a number of common
themes and issues were identified:
» That legislation is already in place for the Council and the Police to deal with
problems associated with anti-social behaviour, poor property conditions and
rogue landlords.
» That Milton Keynes Council working more closely with landlords and tenants to
create an environment of ‘self-regulation’ would be more successful than
introducing additional or selective licensing.
» That the introduction of additional or selective licensing would have a detrimental
impact of the availability of private rental accommodation in Milton Keynes, and
also on property prices and the ability to get a mortgage or other funding for
improvements.
» That there is evidence from other local authorities that have introduced additional
or selective licencing that it has done little to reduce anti-social behaviour, and has
incurred significant additional costs.
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» That it will reduce the funds available for landlords to maintain and improve their
properties.
» That there is no evidence base to support the introduction of additional or
selective licensing.
» That there are limited instances of anti-social behaviour from private rented
tenants and that the problems are caused by social rented tenants or those living
in HiMO’s that are already licensed.
» That additional or selective licensing will inevitably result in increased rents and
that this would lead to an increase in evictions and put further pressures on the
Council to house people on low incomes.
» That the costs of enforcing the scheme would need to be met from other Council
budgets. Specific reference was made to the case of Hemming v Westminster City
Council (2013) which in summary ruled that a Council can only charge for HiMO or
selective licensing for the “actual and direct administrative costs of investigating
the background and suitability of the landlord applicant, and the cost of
monitoring the compliance by licensed landlords with the terms of their licences.”
» That landlords cannot be held directly responsible for the behaviour of their
tenants citing the case of O’Leary v London Borough of Islington (1983) which
ruled that “it cannot be said that a landlord is vicariously liable for his tenant’s
crimes and a consistent line of authority holds that landlords are not responsible
for the anti-social behaviour of their tenants.”
» That the costs that will inevitably be incurred over and above those raised by
licence fees would be better used dealing directly with rogue landlords in the
shorter term rather than over the 5 year licence period.
» That rogue landlords will continue to operate ‘under the radar’ and that the
introduction of licensing will do nothing to deal with this whilst penalising the
majority of good landlords.
» That Milton Keynes Council have not demonstrated any consideration of other
courses of action available them to deal with the problems – as set out by section
57(4) of the 2004 Housing Act.
» That there is support from the National Landlord Association to work with Milton
Keynes Council to deal with a range of issues including Tenant Information Packs
and the accreditation of private sector landlords.
1
ANNEX D ADDITIONAL LICENSING IN THE PRIVATE HOUSING SECTOR HMO DEFINITION The full definition of a HMO can be found in the Housing Act 2004 under section 254. However in general terms:
A HMO can be a building or part of a building such as a flat that:-
Is occupied by 3 or more persons who;
Do not form a single household; and
Share one or more amenities such as a kitchen or bathroom.
http://www.legislation.gov.uk/ukpga/2004/34/section/254
The definition of a ‘household’ is persons that are members of the same family. A household can consist of 1 or more persons that are all related. The full definition can be found in the Housing Act 2004 under section 258. http://www.legislation.gov.uk/ukpga/2004/34/section/258
Schedule 14 of the Housing Act 2004 specifies those buildings which are not HMOs, these include:
Sch14. P7. Building occupied by two persons would not be classed as a HMO. http://www.legislation.gov.uk/ukpga/2004/34/schedule/14
Mandatory HMO Licensing The full definition of a Licensable HMO can be found in the Housing Act 2004 under Part 2. However in general terms HMOs that fall within the mandatory licensing scheme are:
buildings that are three storeys or more;
are occupied by five or more persons; and
are occupied by persons living in two or more single households. http://www.legislation.gov.uk/ukpga/2004/34/part/2
Designation of areas subject to additional licensing The full designation for additional licensing can be found in the Housing Act 2004 under Part 2 sections 56 to 60. However in general terms: Local Authorities have the power to require additional licensing of HMOs which are outside of the mandatory licensing scheme by making a designation. Additional licensing may be exercised in relation to the whole or part of their district; and may also be restricted to particular categories of HMO. http://www.legislation.gov.uk/ukpga/2004/34/part/2/crossheading/designation-of-additional-licensing-areas
2
Current inspection regime for a licensed HMO under the existing mandatory scheme
Inspect at least once every 5 years
Check occupancy does not exceed overcrowding standards
Check complies with management regulations
Check condition of property
Issue Licence
Attach licence conditions
Specify number of tenants
Take enforcement action as and when necessary
Ensure landlord complies with all conditions of the licence Current inspection regime for a HMO that does not require a licence
Inspect at least once every 5 years
Check occupancy does not exceed overcrowding standards
Check complies with management regulations
Check condition of property
Take enforcement action as and when necessary Additional powers for properties that currently are not required to be licensed but would require a licence under an additional licensing scheme
Issue Licence
Attach licence conditions
Specify number of tenants
Ensure landlord complies with all conditions of the licence
Areas Total HMOs Licensed HMOs HMOs Not LicensedAshland 1 0 1
Bancroft 2 0 2
Beanhill 2 0 2
Bletchley 41 5 36
Blue Bridge 1 0 1
Bolbeck Park 1 0 1
Bradville 7 1 6
Bradwell 3 0 3
Bradwell Common 33 8 25
Broughton 24 8 16
Campbell Park 4 0 4
Central Milton Keynes 30 21 9
Coffee Hall 10 0 10
Conniburrow 96 58 38
Crownhill 2 0 2
Downhead Park 2 0 2
Downs Barn 6 1 5
Eaglestone 22 0 22
Fenny Stratford 1 1 0
Fishermead 98 39 59
Fullers Slade 4 0 4
Furzton 1 1 0
Giffard Park 12 0 12
Grange Farm 7 6 1
Great Holm 1 0 1
Great Linford 2 0 2
Greenleys 2 0 2
Hanslope 1 0 1
Heelands 6 1 5
Kingsmead 1 0 1
Loughton 4 4 0
Medbourne 4 2 2
Middleton 5 0 5
Monkston 2 0 2
Monkston Park 11 10 1
Moulsoe 1 0 1
Neath Hill 4 0 4
Netherfield 10 6 4
New Bradwell 4 0 4
Newport Pagnell 6 0 6
Oakhill 9 8 1
Oldbrook 62 16 46
Olney 2 0 2
Oxley Park 1 0 1
Peartree Bridge 25 11 14
Pennyland 13 0 13
ADDITIONAL LICENSING IN THE PRIVATE HOUSING SECTOR
ANNEX E TO ITEM 9
Shenley Church End 9 7 2
Shenley Lodge 3 0 3
Simpson 1 0 1
Springfield 9 1 8
Stacey Bushes 1 0 1
Stantonbury 8 4 4
Stony Stratford 1 0 1
Tinkers Bridge 12 0 12
Two Mile Ash 1 0 1
Walnut Tree 1 0 1
Wavendon 1 0 1
Wavendon Gate 1 0 1
Westcroft 3 1 2
Willen 2 0 2
Willen Park 5 0 5
Woburn Sands 1 0 1
Wolverton 12 0 12
Grand Total 657 220 437