Where an application for an HMO licence is being made, can the local authority require a home address of the landlord?
Under Section 48 Landlord and Tenant Act 1987, it is a requirement that a landlord shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
However, this does not have to be a personal home address, it maybe any address (for example an agent address) as long as it is in England or Wales and the landlord will accept notices served at that address.
An application for a licence for an HMO is made under section 63 Housing Act 2004. Regulations have been made which specifies the type of information that may be required by a local authority namely, Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 and Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006. (As amended.)
Paragraph 2 of Schedule 2 (link to England) contains the information that may be required by the local authority in an application and this information includes:
The name, address, telephone number and e-mail address of–
(i) the applicant;
(ii) the proposed licence holder;
(iii) the person managing the HMO or house;
(iv) the person having control of the HMO or house; and
(v) any person who has agreed to be bound by a condition contained in the licence;