Consultation outcome

Council tax valuation of Houses in Multiple Occupation (HMOs): consultation

Updated 27 October 2023

This was published under the 2022 to 2024 Sunak Conservative government

Applies to England

Scope of the consultation

Topic of this consultation:

This consultation seeks views on the council tax valuation of Houses in Multiple Occupation (HMOs). It covers the scope of the issue, the current landscape for the valuation of HMOs and the government’s proposals to achieving these objectives.

Scope of this consultation:

Council tax valuation of HMOs. The scope of the consultation does not extend to other types of shared accommodation.

Geographical scope:

These proposals relate to England only.

Impact assessment:

No impact assessment has been prepared for this consultation as it concerns a local taxation regime.

Basic information

Body/bodies responsible for the consultation:

Department for Levelling Up, Housing and Communities.

Duration:

This consultation will last for 6 weeks until 31 March.

Enquiries:

For any enquiries about the consultation please contact: council.tax@levellingup.gov.uk.

How to respond:

You can email your response to the questions in this consultation to council.tax@levellingup.gov.uk.

If you are responding in writing, please make it clear which questions you are responding to.

Written responses should be sent to:

Council Tax Team LGF – Local Taxation
Department for Levelling Up, Housing and Communities
SE Quarter - 2nd Floor, Fry Building
2 Marsham Street
London
SW1P 4DF

When you reply, it would be very useful if you confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:

• your name,
• your position (if applicable),
• the name of organisation (if applicable),
• an address (including postcode),
• an email address, and
• a contact telephone number

1. Introduction

1. This consultation seeks views on the way that Homes in Multiple Occupation (HMOs) in England are valued for council tax, and on proposed changes to that process to ensure that HMOs are banded as one property and have one council tax band, other than in exceptional circumstances.

2. HMOs form an important part of the housing market, often providing cheaper accommodation for people whose housing options are limited. It is estimated that there are 500,000 HMOs in England^{[footnote 1]}. The nature of HMOs has continued to evolve over time, with improvements in quality and variation in size and types of properties. HMOs can provide affordable housing options for some of the most vulnerable and disadvantaged groups, such as those on low incomes. HMOs are also contributing to the regeneration of our high streets, with high quality HMOs being used to provide affordable accommodation for young professionals.

3. HMOs, as with all domestic property, are given a council tax band by the Valuation Office Agency (VOA). This is used to inform the calculation of the council tax due. Historically, HMOs have generally been valued as having one council tax band. In those situations, the owner of the HMO is liable for the council tax due on the property^{[footnote 2]}.

4. With changes in the quality of offer in some HMOs, there is a risk that legislation has not kept up with the improvements in the quality of HMO accommodation and how such properties should be treated for council tax. As a result, some HMO properties are being assessed in such a way as to attract a council tax band for each individual unit. This may discourage HMO landlords from making improvements to their properties, as well as acting as a deterrent to new landlords entering the HMO market.

5. The government wants to provide greater certainty and consistency in the way that accommodation in the HMO sector is banded for council tax, and to ensure that HMOs are banded as one property and have one council tax band, other than in exceptional circumstances. This consultation explores the scope of the issue, the current landscape for the valuation of HMOs and seeks views on proposed alternative approaches to achieving these objectives. It provides an opportunity for respondents to comment on whether the current legislative framework is appropriate and helps to deliver consistent outcomes, or whether a different approach is merited and, if so, how that might work and be targeted effectively.

6. Subject to the responses to this consultation, the government’s objective is to deliver a framework which will ensure that HMOs are valued as a single dwelling other than in exceptional circumstances. This would help to ensure that liability for council tax remains with the HMO landlord, and their tenants do not become subject to individual council tax bills. The consultation suggests alternative approaches through amendments to existing regulations. The consultation also provides an opportunity to reflect on how any potential changes might impact on other properties with shared living space and how government can mitigate any unintended consequences from any changes.

2. Background

What is an HMO?

7. Generally, an HMO can be considered to be a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen.

8. A household is either a single person or members of the same family who live together. A family includes people who are:

• married or living together – including people in same-sex relationships
• relatives or half-relatives, for example grandparents, aunts, uncles, siblings
• step-parents and step-children

The current legislative framework

The banding of Houses in Multiple Occupation

9. The VOA is responsible, amongst other things, for banding homes for the purposes of council tax. It does not set the level of council tax, nor collect the amount due. Both are the responsibility of the relevant local authorities. Whether a council tax band is applied to a unit, and the band that is applied, will inform the level of council tax due and from whom.

10. The VOA is responsible for ensuring that each domestic property is correctly assessed and placed in the appropriate council tax band. The VOA applies legislation and case law to decide whether an individual unit of property should have its own council tax band. It undertakes this process for HMOs, as well as other types of properties with a degree of shared living (such as care homes and annexes).

11. For HMOs, the landlord would generally be liable for council tax (although they may factor in the cost of council tax as part of the rental agreement). Where each unit within an HMO merits its own council tax band, each tenant will be liable for council tax (rather than the landlord)^{[footnote 3]}.

12. In carrying out its valuation work, the VOA consider what is a “dwelling” and is therefore liable for council tax. The definition of a dwelling for council tax purposes is contained within section 3 of the Local Government Finance Act 1992. In broad terms, a dwelling is domestic property which would have constituted a separate hereditament under section 115 (1) of the General Rate Act 1967. The list of legislation on the meaning of “dwelling” is at Annex A.

13. When looking at a ‘property’, the VOA will consider whether it is a “hereditament”. If the test for a hereditament is satisfied, then each unit will be considered a “dwelling” and capable of having its own council tax band. This means each unit could have a separate council tax band even if it is not self-contained and shares some facilities with others.

14. The starting point of valuing every ‘dwelling’ is that each separately occupied part qualifies with its own band, whether or not it is self-contained. Article 4 of the Council Tax (Chargeable Dwellings) Order 1992 gives the Listing Officer a discretion in certain circumstances to treat a property which would otherwise form multiple dwellings as a single dwelling. The VOA can, and do, decide to amalgamate the bands into one single council tax band.

15. In exercising their discretion, the listing officer is required to have regard to all the circumstances of the case, including the extent, if any, to which the parts of the property separately occupied have been structurally altered. Examples of factors considered by Listing Officers and examples of how different types of HMOs may be banded can be found at Annex B.

3. Proposed changes

16. HMOs form an important part of the housing sector. With the passage of time, the quality of the facilities available in the rental sector (including HMOs) is changing, improving both the quality of the housing stock, and the housing experience of the occupants. The government wants to ensure that such changes are not inhibited by the way such properties are treated for council tax.

17. The government is aware of concerns that a consequence of some HMO properties not being aggregated for council tax valuation purposes is that tenants, who had not previously been liable for council tax, are now becoming liable and receiving bills significantly in excess of any sums they may have been charged had the liability remained with the landlord.

18. This approach to banding may also impact on those landlords who wish to make improvements, either to existing HMOs or through conversions of existing properties. There is a risk that landlords may be deterred from making improvements if a consequence might be the creation, for council tax purposes, of multiple properties. That may then lead to tenants becoming liable for council tax and, therefore, potentially less able to afford the property. The government is keen to explore the extent to which the council tax valuation of HMOs is an issue and, if so, the appropriate approach to addressing this, with the intention that HMOs are banded as one property and have one council tax band, other than in exceptional circumstances.

19. The decision on the valuation of properties rests with the VOA, reflecting the relevant legislation and case law. However, the government considers that greater consistency needs to be delivered in the outcomes of HMOs when it comes to council tax banding. Subject to the outcome of this consultation, the government is minded to introduce changes to the relevant regulations to ensure that, other than in exceptional circumstances, HMO properties should have one council tax band.

4. Consultation questions

Scope of the issue

Question 1: What are your views on the way that HMOs are currently valued for council tax?

Question 2: What are your views on the extent to which HMOs are currently not aggregated for council tax purposes?

Question 3: In your view, are there any particular types of HMOs that are more, or less, likely to not be aggregated? Please provide evidence where possible.

Question 4: What are your views on the government’s objective to deliver consistency of outcomes to the council tax valuation treatment of HMOs and to ensure that HMOs are banded as one property and have one council tax band, other than in exceptional circumstances?

Options for changes to regulations

20. There are different approaches that could be taken to ensure the government’s objective that HMOs are valued as a single dwelling, other than in exceptional circumstances

Option 1

21. The government could change the Council Tax (Chargeable Dwellings) Order 1992. This would amend article 4 of that Order to require listing officers, where they are assessing an HMO, to treat the property as if it were a single property. This would mean that the VOA would always amalgamate council tax bands for HMOs. HMOs would, for the purposes of council tax, be considered as one property, and have one council tax band, other than in exceptional circumstances. Such circumstances might include, for example, where there is self-contained accommodation within the HMO.

Option 2

22. Alternatively, section 3(5) of the Local Government Finance Act 1992 provides that the Secretary of State may by order provide that anything which would be two or more dwellings shall be treated as one dwelling. The government could amend the Council Tax (Chargeable Dwellings) Order 1992 to specify that HMOs are treated as one dwelling and therefore subject to one council tax band, other than in exceptional circumstances.

Question 5: Do you have any preference as to how to deliver the government’s objective to ensure that HMOs are valued as one dwelling and, if so, why?

Definition of HMO for purposes of banding changes

23. There are a number of different definitions that can be applied to HMOs. The definition in legislation varies depending on whether it relates to council tax, housing, or planning. The government would welcome views on how HMOs should be defined for the purposes of council tax so that any change can be applied consistently.

Option 1

24. It is proposed that changes could apply to HMOs as defined in sections 254 to 259 of the Housing Act 2004.

The Act states that a building, or part of a building, is an HMO if it satisfies:

• the standard test;
• the self-contained flat test;
• the converted building test; or
• if an HMO declaration is in force under section 255 of the 2004 Act; or
• it is a converted block of flats to which section 257 applies.

25. This would ensure consistency across the HMO sector by aligning the definition with existing housing legislation. We are interested in the views of respondents as to which, if any, of those sections should be covered by the proposed changes. The government is not inclined to include properties covered by section 257 as this could mean that a converted block of flats with self-contained flats inside may only have one council tax band for the building.

26. Schedule 14 of the Act sets out a number of exemptions from that Act’s definition of HMOs. If the government were to use the definition of HMOs as set out in this Act, it would want to reflect on whether the exemptions in Schedule 14 should apply also to the council tax banding of HMOs. It is minded to not exempt from the definition those HMOs managed by a local authority. However, the government is interested in the views of respondents as to which, if any, of those exemptions should be covered by the proposed changes. Information on the definition of HMOs as set out in the Housing Act 2004 is set out at Annex C.

Question 6: What are your views on defining HMOs as set out in the Housing Act 2004?

Option 2

27. The Council Tax (Liability for Owners) Regulations 1992 defines an HMO as:

“a dwelling which

(a) was originally constructed or subsequently adapted for occupation by persons who do not constitute a single household; or

(b) is inhabited by a person who, or by two or more persons each of whom either—

(i) is a tenant of, or has a licence to occupy, part only of the dwelling; or

(ii) has a licence to occupy, but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of, the dwelling as a whole.”

Question 7: What are your views on defining HMOs using the definition in the Council Tax (Liability for Owners) Regulations 1992?

Question 8: In your view, is there any non-HMO accommodation that may be caught by either of the proposed definitions?

Question 9: Are there any other definitions that may be more appropriate for the purposes of identifying HMOs in the context of establishing a council tax band?

Exceptional circumstances

28. The HMO sector spans a wide range of size, type of properties and facilities. The government recognises that there may be circumstances where valuing HMOs as a single dwelling may not be appropriate. The government wishes to hear from respondents on whether the proposed approach – that HMOs are banded as one property and have one council tax band, other than in exceptional circumstances – should apply to all HMOs, or whether there might be some particular types of property, classified as HMOs, that might merit the Listing Officer retaining flexibility, under regulations and case law, on whether to aggregate. For example, some HMOs may be converted from a large building – such as converted hotels – and may contain large numbers of rooms.

Question 10: Are there any exceptional circumstances or types of HMO accommodation that in your view should not be covered by these proposed changes and, if so, why would that be the case?

29. The government recognises that there may be some circumstances where the nature of the HMO would justify the creation of more than one hereditament. For example, a two storey HMO may have separate living, kitchen, bathroom and sleeping accommodation on each floor. In that scenario, the VOA may conclude that each floor comprises self-contained accommodation that merits its own council tax band.

Question 11: Do you agree that, where separate areas of self-contained accommodation can be clearly determined within an HMO, the Listing Officer should be able to band each self-contained accommodation as having its own council tax band?

30. Some HMOs have been converted from very large-scale properties, containing a very large number of separately let rooms, sometimes over 20 rooms.

Question 12: Should the changes be limited to HMOs with fewer than a certain number of separately let rooms?

Question 13: Are there other approaches that you think should be considered to achieve the same outcome?

Implementation

31. If the government decides to take forward changes to the valuation of HMO properties, it proposes that HMO landlords should be able to make a proposal to alter their band from the VOA once any change has been implemented. This will open up a route for HMO landlords to request an appeal to the Valuation Tribunal.

We will consider whether any changes may be necessary to regulations in response to any changes that may be made to the way that HMOs are banded for council tax.

Question 14: When implementing the changes, do you agree that this should be done through the formal proposal route so that HMO landlords have the opportunity to make a proposal to alter their band?

Annex A: Definition of dwelling

The statutory definition of a dwelling can be found within section 3 of the Local Government Finance Act 1992, which is as follows;

“3 Meaning of “dwelling”

(1) This section has effect for determining what is a dwelling for the purposes of this Part.

(2) Subject to the following provisions of this section, a dwelling is any property which—

(a) by virtue of the definition of hereditament in section 115(1) of the General Rate Act 1967, would have been a hereditament for the purposes of that Act if that Act remained in force; and

(b) is not for the time being shown or required to be shown in a local or a central non-domestic rating list in force at that time; and

(c) is not for the time being exempt from local non-domestic rating for the purposes of Part III of the Local Government Finance Act 1988 (“the 1988 Act”);

and in applying paragraphs (b) and (c) above no account shall be taken of any rules as to Crown exemption.”

Section 68 (8)/(9) of the Local Government Finance Act 1988
Section 64(8)/(9) LGFA 1988 to confirm that a hereditament is non-domestic if it consists entirely of property which is not domestic

“(8) A hereditament is non-domestic if either—

(a) it consists entirely of property which is not domestic, or

(b) it is a composite hereditament.

(9) A hereditament is composite if part only of it consists of domestic property.”

Section 66 of the Local Government Finance Act 1988 contain the meaning of “domestic”
Domestic property.

(1) Subject to subsections (2), (2B), (2BB) and 2E below, property is domestic if—

(a) it is used wholly for the purposes of living accommodation,

(b) it is a yard, garden, outhouse or other appurtenance belonging to or enjoyed with property falling within paragraph (a) above,

(c) it is a private garage which either has a floor area of 25 square metres or less or is used wholly or mainly for the accommodation of a private motor vehicle, or

(d) it is private storage premises used wholly or mainly for the storage of articles of domestic use.

(1A) Property in England is also domestic if—

(a) it is used wholly or mainly for the activity mentioned in subsection (1B), and

(b) it is situated in or on property which is—

(i) used wholly for the purposes of living accommodation, or

(ii) a yard, garden, outhouse or other appurtenance belonging to or enjoyed with property used wholly for the purposes of living accommodation.

Section 115 (1) General Rate Act 1967
Section 115(1) GRA 1967 contains the definition of “hereditament”

“hereditament” means property which is or may become liable to a rate, being a unit of such property which is, or would fall to be, shown as a separate item in the valuation list;

There is also existing case law on the meaning of “hereditament”. The VOA will look at both legislation and case law in considering on what is a hereditament.

Annex B: Examples

Examples of factors considered by Listing Officers

There are 4 factors which the VOA will consider:

• Actual occupation – whether each tenant was in actual occupation of the property.
• Beneficial occupation – whether each tenant benefitted from use of the property and the use of the communal area.
• Exclusive occupation – whether each tenant had an exclusive right of occupation to their room and no other person was entitled to occupy their room.
• Occupation not too transient a period - there must be a necessary degree of permanence. Consideration should be given not only to the length of occupation but also to its character and nature.

Making such a decision to treat more than one unit of separate living accommodation as a single dwelling is known as ‘aggregation’.

There are several factors to consider when deciding whether to aggregate or not. Some examples are contained below:

• number of letting rooms – large HMO needs to be registered if there are 5 or more occupiers
• structural alterations
• adaptations
• previous use / converted or adapted?
• number of letting rooms with “private” cooking facilities
• number of letting rooms with “private” washing/WC facilities
• amount of communal space compared to the number of bedrooms
• number of shared kitchens
• number of shared bathrooms
• contractual letting arrangement/s.

Examples of how different types of HMO may be banded

Scenario A

A Victorian house has 5 separately let rooms, a shared bathroom and shared kitchen. The building was originally constructed as a single self-contained unit, is now multi-occupied, but has had no adaptations.

This is an HMO with little or no adaptation. There are minor adaptations, such as the addition of door locks, and the occupants of the separately let parts share the kitchen and bathroom of the original house. Although there are 5 dwellings, the VOA is likely to amalgamate the whole property into 1 band.

Scenario B

A guest house which has been converted into a 14 bed HMO. All the rooms have en-suite facilities, there is a shared kitchen and 2 shared living/dining rooms. All of the rooms are let on Assured Shorthold Tenancies.

This is an HMO with adapted letting rooms. Separately let rooms in an HMO may have been structurally and/or physically adapted, for example, so that they have their own kitchenette or separate shower/bath and WC. They may be given their own band even though they share some facilities.

In making a decision, the VOA will look at all the facts, including the extent to which the property has been structurally or physically altered. As the level of adaptation in the HMO has increased (compared to scenario A), based on the current legislation, the VOA is likely to put a separate band on each unit within the HMO.

Annex C: Definition of HMO and key provisions in the Housing Act 2004

Definition of HMO

The definition of an HMO is in sections 254 to 260.

Exceptions from the definition are in schedule 14.

Licensing of HMOs is set out in Part 2 of the Act.

Regulations governing the management of all HMOs are set out in the Management of Houses in Multiple Occupation (England) Regulations 2006.

The Management of Houses in Multiple Occupation (England) Regulations 2006 are amended by the Houses in Multiple Occupation (Management) (England) Regulations 2009 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

The definition of an HMO is contained in sections 254 to 259 of the Housing Act 2004.

A building, or part of a building, is an HMO if it satisfies:

• the standard test;
• the self-contained flat test;
• the converted building test; or
• if an HMO declaration is in force under section 255 of the 2004 Act; or
• it is a converted block of flats to which section 257 applies.

The standard test

This test covers most HMOs, e.g., bedsitting room accommodation, shared houses and hostels. To pass the test, the building or part of the building must consist of one or more units of living accommodation that is not a self-contained flat or flats.

The living accommodation must be occupied by more than one household who share one or more of the basic amenities (toilet, washing facilities and cooking facilities), or the accommodation is lacking in one or more of these amenities.

The occupiers must occupy the living accommodation as their only or main residence and their occupation must constitute the only use of that accommodation. At least one of the occupiers must pay rent or provide some other consideration for the occupation.

The self-contained flat test

The difference between this test and the standard test is that the premises for consideration must be a self-contained flat, rather than a building or part of a building.

Converted building test

This test relates to buildings (or parts of buildings) which have been partly converted into self-contained flats, which also contain living accommodation that is not within a self-contained flat.

A “converted building” means a building, or part of a building, consisting of living accommodation in which one or more units of such accommodation have been created since the building or part was constructed.

The definition applies to any premises which have been converted or adapted to include residential accommodation.

For a building to satisfy this test it must:

• be a converted building;
• contain one or more units of living accommodation which are not self-contained flats;
• have living accommodation occupied by [3 or more] persons who do not form a single household;
• they must occupy the accommodation as their only or main residence;
• their occupation must be the sole use of the accommodation; and
• rents or other consideration must be payable by at least one of the occupiers.

The difference with the standard test is that there is no requirement that occupiers share a basic amenity or that there is an amenity lacking.

HMO declaration (section 255)

Where a building, or part of a building, is partly occupied by persons as their only or main residence, but is also partly occupied otherwise than as a residence, the authority may declare the building a HMO. The authority has to be satisfied that the occupation by persons as their only or main residence is a significant use of the building, or part of the building.

Converted blocks of flats (section 257 HMOs)

Where a converted building solely consists of self-contained flats, it is only an HMO if, when converted, it failed to comply with ‘appropriate building standards’ and less than two-thirds of the self-contained flats are owner-occupied. The second element of this test means that a converted block can fulfil the definition of an HMO at certain times and not at others.

Exemptions

Subsection 254(5) and Schedule 14 to the 2004 Act provide that a building, or part of a building, will not be an HMO for the purposes of the mandatory licensing scheme, the management regulations made under section 234, or the service of overcrowding notices under section 139, if:

• it is managed by a local authority, private registered provider of social housing (including profit-making registered providers), cooperative society (that meets certain conditions) or other specified public sector body;
• it is subject to other regulatory regimes (specified in regulations);
• it is a student hall of residence;
• it is a building occupied by religious communities;
• it is predominantly occupied by owner-occupiers (the appropriate level is specified in regulations);
• it is only occupied by 2 people who form 2 households: or
• it is occupied by a resident landlord and a maximum of 2 other households who are not part of the landlord’s household.

The government does not propose to extend the changes to student halls of residence. However, the government does not see any particular rationale to exclude other properties set out in Schedule 14 and will consider whether these measures should apply to the other exemptions under Schedule 14.

About this consultation

This consultation document and consultation process have been planned to adhere to the Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 and UK data protection legislation. In certain circumstances this may therefore include personal data when required by law.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the Department is bound by the information access regimes and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Department for Levelling Up, Housing and Communities will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the Consultation Principles? If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

Personal data

The following is to explain your rights and give you the information you are entitled to under UK data protection legislation.

Note that this section only refers to personal data (your name, contact details and any other information that relates to you or another identified or identifiable individual personally) not the content otherwise of your response to the consultation.

1. The identity of the data controller and contact details of our Data Protection Officer

The Department for Levelling Up, Housing and Communities (DLUHC) is the data controller. The Data Protection Officer can be contacted at dataprotection@levellingup.gov.uk or by writing to the following address:

Data Protection Officer
Department for Levelling Up, Housing and Communities
Fry Building, 2 Marsham Street
London
SW1P 4DF

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the consultation process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters.

We will collect your IP address if you complete a consultation online. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose.

Sensitive types of personal data

Please do not share special category personal data or criminal offence data  if we have not asked for this unless absolutely necessary for the purposes of your consultation response. By ‘special category personal data’, we mean information about a living individual’s:

• race
• ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetics
• biometrics
• health (including disability-related information)
• sex life; or
• sexual orientation.

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures.

3. Our legal basis for processing your personal data

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by DLUHC of a task in the public interest/in the exercise of official authority vested in the data controller. Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case a consultation.

Where necessary for the purposes of this consultation, our lawful basis for the processing of any special category personal data or ‘criminal offence’ data (terms explained under ‘Sensitive Types of Data’) which you submit in response to this consultation is as follows. The relevant lawful basis for the processing of special category personal data is Article 9(2)(g) UK GDPR (‘substantial public interest’), and Schedule 1 paragraph 6 of the Data Protection Act 2018 (‘statutory etc and government purposes’). The relevant lawful basis in relation to personal data relating to criminal convictions and offences data is likewise provided by Schedule 1 paragraph 6 of the Data Protection Act 2018.

4. With whom we will be sharing your personal data

DLUHC may appoint a ‘data processor’, acting on behalf of the Department and under our instruction, to help analyse the responses to this consultation. Where we do we will ensure that the processing of your personal data remains in strict accordance with the requirements of the data protection legislation.

5. For how long we will keep your personal data, or criteria used to determine the retention period

Your personal data will be held for two years from the closure of the consultation, unless we identify that its continued retention is unnecessary before that point.

6. Your rights, e.g. access, rectification, restriction, objection

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you

b. to ask us to stop using your data, but keep it on record

c. to ask to have your data corrected if it is incorrect or incomplete

d. to object to our use of your personal data in certain circumstances

e. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact the ICO at https://ico.org.uk/, or telephone 0303 123 1113.

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@levellingup.gov.uk or

Knowledge and Information Access Team
Department for Levelling Up, Housing and Communities
Fry Building, 2 Marsham Street
London
SW1P 4DF

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system

1. Local Authority Housing Survey (LAHS) from 2021-2022. ↩

2. The Council Tax (Liability for Owners) Regulations 1992 includes Class C which covers HMOs. Where Class C applies, the landlord of the HMO would be the liable person for council tax. ↩

3. Section 8 of the Local Government Finance Act 1992 enables the Secretary of State to prescribe dwellings where the owner of the property would be the liable person for the purposes of determining council tax liability. The Council Tax (Liability for Owners) Regulations 1992 includes Class C which covers HMOs. Where Class C applies, the landlord of the HMO would be the liable person for council tax, although they this is usually included as part of the rental agreements. However, where the VOA decides that the unit should have its own council tax band, the provisions of Class C do not apply, and the liability will generally pass on to the tenant. ↩