Part 3 – Responsibility for Executive Functions delegated to Officers paragraph 4.3 (1) – the Corporate Director has delegated authority to discharge executive functions within their respective service areas (Part 3.38). All delegations are subject to consultation where considered appropriate in the circumstances (paragraph 4.3 (4(ii) – Part 3.39). The Corporate Director (Operational Services) has delegated operational matters relating to Houses in Multiple Occupation (HMO’s) to the Head of Housing

To adopt the newly drafted Essex Wide Amenity Standards for Houses in Multiple Occupation (HMO’s) that are to be introduced prior to the extended mandatory licensing scheme from October 1st 2018. On October 1st 2018, the extended mandatory licensing scheme comes into force bringing numerous changes to what will constitute an HMO, new mandatory licence conditions and minimum room sizes for accommodation. As a consequence, the existing Essex Wide Amenity Standards have been re-drafted to include the aforementioned changes. These standards have been drafted following meetings with all LA’s in Essex having an input into the content, and following consultation with Landlords, Tenants and members of the public alike. By having an adopted set of County wide standards it ensures each Authority’s approach to enforcement action is similar with less potential for challenge. The standards have been written in accordance with government guidance (minimum standards) and include higher standards where deemed appropriate in accordance with government recommendations.

Although the standards have been drafted in accordance with government guidance and increased in accordance with government recommendations, it is essential that any regulation does not cause Landlords to suffer financial hardship due to unwarranted excessively high standards. A.Don’t adopt the Essex Wide Standards and use the current legislation and regulations (minimum standards) for enforcement purposes. If this route was chosen it would mean Tendring would be enforcing a lower standard than other Essex Authorities. This could cause confusion to Landlords who have properties in more than Borough. Tendring is committed to improve standards in the private sector and ensure those living in rented accommodation have a decent home, so to not adopt the higher standard would be against the Council’s corporate plan. B.Tendring could choose to write their own set of standards for enforcement purposes which would take into account local housing and need. However, this is not seen as the best option available due to the reasons given in point A above. Furthermore, if we were to set a higher set of standards than the rest of Essex we are likely to be challenged when taking enforcement action more regularly. Given that the proposed standards have been written following discussions between all Essex Authorities and that they have been out for public consultation, Tendring feels the adoption of the Essex Wide Standards will ensure consistency across the County and help deliver our commitment to provide decent homes for residents of the district.