Decision Maker:

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: September 23, 2025

Purpose:

Content: Salford City Council - Record of Decision (Cabinet)   I Paul Dennet, City Mayor, in exercise of the powers contained within the City Council Constitution do hereby approve:   1.    Authorises the designation of a Selective Landlord Licensing Scheme, under Part 3 of the Housing Act 2004 in parts of Broughton and Kersal & Broughton Park wards; 2.    Authorises the proposed boundary area for the Broughton and Kersal & Broughton Park wards Selective Landlord Licensing Scheme as detailed in appendix 2 of Annex 1 – The consultation document attached to this report; 3.    Authorises the Licence Conditions for the Broughton and Kersal & Broughton Park wards Selective Landlord Licensing Scheme as detailed in appendix 4 of Annex 1 – The consultation document attached to this report; 4.    Authorises the fee structure for the Broughton and Kersal & Broughton Park Selective Landlord Licensing Scheme as detailed in appendix 5 of Annex 1 – The consultation document attached to this report; 5.    Authorises officers to conduct all necessary actions to publicise the designation of the area for Selective Landlord Licensing to comply with the requirements of the Housing Act 2004. The Reasons are: The Reasons are that: Having given due regard to the responses received in the formal consultation on the proposal to introduce Selective Landlord Licensing in parts of Broughton and Kersal & Broughton Park wards, officers are satisfied that the proposed Selective Landlord Licensing area meets the requirements of the Act with regard to demonstrating ‘low housing demand’ and that when combined with other measures taken within the area by the local housing authority, doing so will contribute to the improvement of the social and economic conditions in the area.  The authority has also taken the requirements of section 81 “Designations under section 80: further considerations” of the Act into account. I have considered whether there are any other courses of action available to the local housing authority that might provide an effective method of achieving the objective that the designation would be intended to achieve and consider that making the designation will significantly assist the local housing authority to achieve the objectives (whether or not they take any other course of action as well). It is considered that the scheme will complement the wider regeneration in the area that Salford City Council is helping to deliver.  Selective Licensing will address existing issues of poor property and tenancy management in privately rented accommodation.  The scheme will also ensure that new landlords investing in the designated area understand what is expected of them and will sustain the strong community that the regeneration programmes have worked hard to establish. Options considered and rejected were: ·         Options considered and rejected were take no action – this would be inconsistent with established Council policy and would fail to address the legitimate concerns of residents, local elected members and other stakeholders regarding the impact of the private rented sector on the local housing market. ·         Defer the introduction of selective licensing in Broughton and Kersal & Broughton Park wards – A review of available evidence identifies the area of Broughton and Kersal & Broughton Park wards. Assessment of Risk: The Council believes it has made a robust case for the designation of a Selective Licensing Scheme. The formal consultation was held for 2 weeks longer than the required minimum of 10 weeks. Social media campaigns had an overall reach demonstrating a strong awareness-raising, with the campaign being seen by up to 100,000 accounts. In total, the campaign generated 349 clicks - 145 from paid ads and 204 from organic posts - indicating that a small portion of the audience was actively interested in learning more about the consultation but that many individuals were not interested enough to engage further with the consultation. Most landlords and managing agents who responded to the consultation did not support the proposal. The lack of challenge to the evidence base included in the consultation along with an absence of alternative or additional data being put forward or the making of constructive arguments to support of their stated opinions, reduces the weight that should be attached to those opinions by decision makers. Any decision that the City Council makes with regards to this proposal could be subject to legal challenge. Legal Advice obtained: Yes  - Solicitor: Farrah Ehsan In accordance with the provisions of section 80 of the Housing Act 2004 (‘the Act’) a local authority may designate either the area of their district or an area in the district as subject to selective licensing if it considers that the first or second set of ‘general conditions’ as defined in section 80(3) or 80(6) of the Act, or indeed any other conditions specified in an order under subsection 80 (7) of the Act as an additional set of conditions are satisfied in relation to the area.  In this instance the report confirms that officers consider that the first set of ‘general conditions’ are satisfied in relation to the proposed area, namely that:   i)     The area is, or is likely to become, an area of low housing demand; and ii)    That making a designation will, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, contribute to the improvement of the social or economic conditions in the area.   Section 80 of the Act sets out a number of matters which a council must take into account when deciding if an area is or is likely to become an area of low housing demand. The requirements of section 81 of the Act also apply to the power of a local authority to make designations under section 80. The Housing Act 2004: Licensing of Houses in Multiple Occupation and Selective Licensing of Other Residential Accommodation (England) (General Approval 2024) came into force on 23 December 2024 and applies to both selective licensing and relevant HMOs.   The General Approval 2024 provides deemed approval to every LHA in England that designates an area in their district as subject to selective licensing subject to a condition set out in paragraph 5 requiring that the LHA has consulted with those likely to be affected by the designation under section 80(9)(a) of the HA 2004 for at least ten weeks   Any exercise of the LHA’s power to designate an area for selective licensing under section 80 of the HA 2004 must be consistent with their overall housing strategy The authority must also seek to adopt a co-ordinated approach in connection with dealing with homelessness, empty properties and anti-social behaviour in relation to combining licensing and the measures taken to deal with these issues   Section 81(4) also imposes an important restriction on LHAs' powers by requiring them to consider, before introducing a selective licensing designation: ·         Whether there are any other courses of action available (of whatever nature) that might provide an effective method of achieving the objective or objectives that the designation is intended to achieve. ·         Whether making the designation will significantly assist to achieve the specified objective or objectives.   Section 80(9) of the Act requires that before making a designation the Council must take reasonable steps to consult persons who are likely to be affected by the designation and consider any representations made in accordance with the consultation and not withdrawn.   Consultation must take place for a minimum of 10 weeks.  In this instance consultation took place over 12 weeks.    All representations received as part of the consultation process have been considered and where appropriate, responses have been provided.   When exercising its functions the Council must have regard to the Public Sector Equality Duty as set out in section 149 of the Equality Act 2010. Full impact assessments must be undertaken in relation to the proposals to both measure and record compliance with this duty. Financial Advice obtained: Yes.  Contact Officer: Paul Guest – Finance Manager The Landlord Licensing scheme is a self-financing scheme. Any costs associated with the implementation of the scheme will be funded via the licence fees recovered from Landlords. HR Advice obtained: Yes.  Contact Officer Daniella Mckeown – HR & OD Manager If approved, the implementation will be undertaken by existing colleagues. There are no further direct implications anticipated for the workforce. The following documents have been used to assist the decision process: ·         Annex 1. Selective Licensing Consultation document for Broughton ·         Annex 2. Survey Results ·         Annex 3. Equality Impact Assessment (if the documents disclose exempt or confidential information, they should not be listed, but the following wording shall be inserted : "(The relevant documents contain exempt or confidential information and are not available for public inspection)":- Contact Officer:  Anne Arcus / Sarah Hughes    Telephone number: 0161 793 2249 / 3087   ·         The appropriate scrutiny to call-in the decision is the Community and Neighbourhoods Scrutiny panel                                Signed:       Paul Dennett              Dated:   23.09.25                                                                   City Mayor   For Democratic Services use only   This decision was published on 23.09.25                                             This decision will come in force at 4.00 p.m. on 30.09.25                                                   unless it is called-in in accordance with the Decision Making Process Rules.