UKPGA-2004-34 Housing Act 2004 UK

This Part provides—

The new system—

The kinds of enforcement action which are to involve the use of the new system are—

In this Part “residential premises” means—

In this Part—“building containing one or more flats” does not include an HMO;“common parts”, in relation to a building containing one or more flats, includes—the structure and exterior of the building, and common facilities provided (whether or not in the building) for persons who include the occupiers of one or more of the flats;“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling;“external common parts”, in relation to a building containing one or more flats, means common parts of the building which are outside it;“flat” means a separate set of premises (whether or not on the same floor)—which forms part of a building, which is constructed or adapted for use for the purposes of a dwelling, and either the whole or a material part of which lies above or below some other part of the building;“HMO” means a house in multiple occupation as defined by sections 254 to 259, as they have effect for the purposes of this Part (that is, without the exclusions contained in Schedule 14);“unoccupied HMO accommodation” means a building or part of a building constructed or adapted for use as a house in multiple occupation but for the time being either unoccupied or only occupied by persons who form a single household.

In this Part any reference to a dwelling, an HMO or a building containing one or more flats includes (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the dwelling, HMO or building (or any part of it).

The following indicates how this Part applies to flats—

This Part applies to unoccupied HMO accommodation as it applies to an HMO, and references to an HMO in subsections (6) and (7) and in the following provisions of this Part are to be read accordingly.

But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(c).

In this Act—“category 1 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score of or above a prescribed amount;“category 2 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score below the minimum amount prescribed for a category 1 hazard of that description; and“hazard” means any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise).

In subsection (1)—“prescribed” means prescribed by regulations made by the appropriate national authority (see section 261(1)); and“prescribed band” means a band so prescribed for a category 1 hazard or a category 2 hazard, as the case may be.

Regulations under this section may, in particular, prescribe a method for calculating the seriousness of hazards which takes into account both the likelihood of the harm occurring and the severity of the harm if it were to occur.

In this section—“building” includes part of a building;“harm” includes temporary harm.

In this Act “health” includes mental health.

The Secretary of State may by regulations specify requirements to be met by qualifying residential premises.

The matters which may be covered by the requirements include (but are not limited to) the following matters—

The requirements are to consist of one or both of the following—

The regulations may contain exceptions from the requirements.

The following are “qualifying residential premises” for the purposes of this Part—

In this Part—“relevant tenancy” means—an assured tenancy within the meaning of the Housing Act 1988, an assured agricultural occupancy within the meaning of Part 1 of that Act, or a regulated tenancy within the meaning of the Rent Act 1977;“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008;“supported exempt accommodation” has the same meaning as in the Supported Housing (Regulatory Oversight) Act 2023(see section 12 of that Act).

The Secretary of State may by regulations amend this section so as to change the meaning of “relevant tenancy” so as to add or remove a particular kind of—

Before making regulations under subsection (3), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

A local housing authority must keep the housing conditions in their area under review with a view to identifying any action that may need to be taken by them under any of the provisions mentioned in subsection (2).

The provisions are—

For the purpose of carrying out their duty under subsection (1) a local housing authority and their officers must—

If a local housing authority consider—that it would be appropriate for any residential premises in their district to be inspected with a view to determining whether any category 1 or 2 hazard exists on those premises, the authority must arrange for such an inspection to be carried out.

If an official complaint about the condition of any residential premises in the district of a local housing authority is made to the proper officer of the authority, and the circumstances complained of indicate—the proper officer must inspect the premises or area.

In this section “an official complaint” means a complaint in writing made by—

An inspection of any premises under subsection (1) or (2)—

Regulations under subsection (4) may in particular make provision about—

Where an inspection under subsection (2) has been carried out and the proper officer of a local housing authority is of the opinion—the officer must, without delay, make a report in writing to the authority which sets out his opinion together with the facts of the case.

The authority must consider any report made to them under subsection (6) as soon as possible.

If a local housing authority consider that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard.

In subsection (1) “the appropriate enforcement action” means whichever of the following courses of action is indicated by subsection (3) or (4)—

If only one course of action within subsection (2) is available to the authority in relation to the hazard, they must take that course of action.

If two or more courses of action within subsection (2) are available to the authority in relation to the hazard, they must take the course of action which they consider to be the most appropriate of those available to them.

The taking by the authority of a course of action within subsection (2) does not prevent subsection (1) from requiring them to take in relation to the same hazard—

To determine whether a course of action mentioned in any of paragraphs (a) to (g) of subsection (2) is “available” to the authority in relation to the hazard, see the provision mentioned in that paragraph.

Section 6 applies for the purposes of this section.

This section explains the effect of provisions contained in subsection (2) of section 5.

In the case of paragraph (b) or (f) of that subsection, the reference to making an order such as is mentioned in that paragraph is to be read as a reference to making instead a determination under section 300(1) or (2) of the Housing Act 1985 (c. 68) (power to purchase for temporary housing use) in a case where the authority consider the latter course of action to be the better alternative in the circumstances.

In the case of paragraph (d) of that subsection, the authority may regard the taking of emergency remedial action under section 40 followed by the service of an improvement notice under section 11 as a single course of action.

In the case of paragraph (e) of that subsection, the authority may regard the making of an emergency prohibition order under section 43 followed by the service of a prohibition order under section 20 as a single course of action.

In the case of paragraph (g) of that subsection—

This section applies where—

When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure.

In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.

For the purposes of subsection (3)—

In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1.

The amount of the penalty is to be determined by the authority but must not be more than £7,000.

A penalty under this section may relate to—

The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money.

Schedule A1 makes provision about—

The provisions mentioned in subsection (2) confer power on a local housing authority to take particular kinds of enforcement action in cases where they consider that a category 2 hazard exists on residential premises.

The provisions are—

The taking by the authority of one of those kinds of enforcement action in relation to a particular category 2 hazard does not prevent them from taking either—in relation to the hazard, where they consider that the action taken by them so far has not proved satisfactory.

This section applies where a local housing authority decide to take one of the kinds of enforcement action mentioned in section 5(2) or 7(2) (“the relevant action”).

The authority must prepare a statement of the reasons for their decision to take the relevant action.

Those reasons must include the reasons why the authority decided to take the relevant action rather than any other kind (or kinds) of enforcement action available to them under the provisions mentioned in section 5(2) or 7(2).

A copy of the statement prepared under subsection (2) must accompany every notice, copy of a notice, or copy of an order which is served in accordance with—in or in connection with the taking of the relevant action.

In subsection (4)—

If the relevant action consists of declaring an area to be a clearance area, the statement prepared under subsection (2) must be published—

The appropriate national authority may give guidance to local housing authorities about exercising—

The Secretary of State may give guidance to local housing authorities in England about exercising their functions under this Chapter in relation to—

A local housing authority must have regard to any guidance for the time being given under this section.

The appropriate national authority may give different guidance for different cases or descriptions of case or different purposes (including different guidance to different descriptions of local housing authority or to local housing authorities in different areas).

Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay a draft of the proposed guidance or alterations before each House of Parliament.

The Secretary of State must not give or revise the guidance before the end of the period of 40 days beginning with the day on which the draft is laid before each House of Parliament (or, if copies are laid before each House of Parliament on different days, the later of those days).

The Secretary of State must not proceed with the proposed guidance or alterations if, within the period of 40 days mentioned in subsection (5), either House resolves that the guidance or alterations be withdrawn.

Subsection (6) is without prejudice to the possibility of laying a further draft of the guidance or alterations before each House of Parliament.

In calculating the period of 40 days mentioned in subsection (5), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

This section applies where a local housing authority—

Before taking the enforcement action in question, the authority must consult the fire and rescue authority for the area in which the HMO or building is situated.

In the case of any proposed emergency measures, the authority’s duty under subsection (2) is a duty to consult that fire and rescue authority so far as it is practicable to do so before taking those measures.

In this section—“emergency measures” means emergency remedial action under section 40 or an emergency prohibition order under section 43;“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21);“prescribed fire hazard” means a category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.

If—serving an improvement notice under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

An improvement notice under this section is a notice requiring the person on whom it is served to take such remedial action in respect of the hazard concerned as is specified in the notice in accordance with subsections (3) to (5) and section 13.

The notice may require remedial action to be taken in relation to the following premises—Paragraphs (b) and (c) are subject to subsection (4).

The notice may not, by virtue of subsection (3)(b) or (c), require any remedial action to be taken in relation to any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

The remedial action required to be taken by the notice —

An improvement notice under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

The operation of an improvement notice under this section may be suspended in accordance with section 14.

In this Part “remedial action”, in relation to a hazard, means action (whether in the form of carrying out works or otherwise) which, in the opinion of the local housing authority, will remove or reduce the hazard.

If—the authority may serve an improvement notice under this section in respect of the hazard.

An improvement notice under this section is a notice requiring the person on whom it is served to take such remedial action in respect of the hazard concerned as is specified in the notice in accordance with subsection (3) and section 13.

Subsections (3) and (4) of section 11 apply to an improvement notice under this section as they apply to one under that section.

An improvement notice under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.

An improvement notice under this section may be combined in one document with a notice under section 11 where they require remedial action to be taken in relation to the same premises.

The operation of an improvement notice under this section may be suspended in accordance with section 14.

An improvement notice under section 11 or 12 must comply with the following provisions of this section.

The notice must specify, in relation to the hazard (or each of the hazards) to which it relates—

The notice may not require any remedial action to be started earlier than the 28th day after that on which the notice is served.

The notice must contain information about—

In this Part of this Act “specified premises”, in relation to an improvement notice, means premises specified in the notice, in accordance with subsection (2)(d), as premises in relation to which remedial action is to be taken in respect of the hazard.

An improvement notice may provide for the operation of the notice to be suspended until a time, or the occurrence of an event, specified in the notice.

The time so specified may, in particular, be the time when a person of a particular description begins, or ceases, to occupy any premises.

The event so specified may, in particular, be a notified breach of an undertaking accepted by the local housing authority for the purposes of this section from the person on whom the notice is served.

In subsection (3) a “notified breach”, in relation to such an undertaking, means an act or omission by the person on whom the notice is served—

If an improvement notice does provide for the operation of the notice to be suspended under this section—

This section deals with the time when an improvement notice becomes operative.

The general rule is that an improvement notice becomes operative at the end of the period of 21 days beginning with the day on which it is served under Part 1 of Schedule 1 (which is the period for appealing against the notice under Part 3 of that Schedule).

The general rule is subject to subsection (4) (suspended notices) and subsection (5) (appeals).

If the notice is suspended under section 14, the notice becomes operative at the time when the suspension ends. This is subject to subsection (5).

If an appeal against the notice is made under Part 3 of Schedule 1, the notice does not become operative until such time (if any) as is the operative time for the purposes of this subsection under paragraph 19 of that Schedule (time when notice is confirmed on appeal, period for further appeal expires or suspension ends).

If no appeal against an improvement notice is made under that Part of that Schedule within the period for appealing against it, the notice is final and conclusive as to matters which could have been raised on an appeal.

The local housing authority must revoke an improvement notice if they are satisfied that the requirements of the notice have been complied with.

The local housing authority may revoke an improvement notice if—

Where an improvement notice relates to a number of hazards—

The local housing authority may vary an improvement notice—

A revocation under this section comes into force at the time when it is made.

If it is made with the agreement of the person on whom the improvement notice was served, a variation under this section comes into force at the time when it is made.

Otherwise a variation under this section does not come into force until such time (if any) as is the operative time for the purposes of this subsection under paragraph 20 of Schedule 1 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

The power to revoke or vary an improvement notice under this section is exercisable by the authority either—

The local housing authority may at any time review an improvement notice whose operation is suspended.

The local housing authority must review an improvement notice whose operation is suspended not later than one year after the date of service of the notice and at subsequent intervals of not more than one year.

Copies of the authority’s decision on a review under this section must be served—

This section applies where—

In subsection (1) the reference to a person ceasing to be a “person of the relevant category” is a reference to his ceasing to fall within the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which the improvement notice was served on him.

As from the changeover date, the liable person in respect of the premises is to be in the same position as if—

The effect of subsection (3) is that, in particular, any period for compliance with the notice or for bringing any appeal is unaffected.

But where the original recipient has become subject to any liability arising by virtue of this Part before the changeover date, subsection (3) does not have the effect of—

Subsection (3) applies with any necessary modifications where a person to whom it applies (by virtue of any provision of this section) ceases to be the liable person in respect of the premises.

Unless subsection (8) or (9) applies, the person who is at any time the “liable person” in respect of any premises is the person having control of the premises.

If—that new person is the “liable person”.

If the original recipient was served as an owner of the premises, the “liable person” is the owner’s successor in title on the changeover date.

If—making a prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

A prohibition order under this section is an order imposing such prohibition or prohibitions on the use of any premises as is or are specified in the order in accordance with subsections (3) and (4) and section 22.

The order may prohibit use of the following premises—Paragraphs (b) and (c) are subject to subsection (4).

The notice may not, by virtue of subsection (3)(b) or (c), prohibit use of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

A prohibition order under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

The operation of a prohibition order under this section may be suspended in accordance with section 23.

If—the authority may make a prohibition order under this section in respect of the hazard.

A prohibition order under this section is an order imposing such prohibition or prohibitions on the use of any premises as is or are specified in the order in accordance with subsection (3) and section 22.

Subsections (3) and (4) of section 20 apply to a prohibition order under this section as they apply to one under that section.

A prohibition order under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.

A prohibition order under this section may be combined in one document with an order under section 20 where they impose prohibitions on the use of the same premises or on the use of premises in the same building containing one or more flats.

The operation of a prohibition order under this section may be suspended in accordance with section 23.

A prohibition order under section 20 or 21 must comply with the following provisions of this section.

The order must specify, in relation to the hazard (or each of the hazards) to which it relates—

The order may impose such prohibition or prohibitions on the use of any premises as—

Any such prohibition may prohibit use of any specified premises, or of any part of those premises, either—except (in either case) to the extent to which any use of the premises or part is approved by the authority.

A prohibition imposed by virtue of subsection (4)(b) may, in particular, relate to—

The order must also contain information about—and specify the date on which the order is made.

Any approval of the authority for the purposes of subsection (4) must not be unreasonably withheld.

If the authority do refuse to give any such approval, they must notify the person applying for the approval of—within the period of seven days beginning with the day on which the decision was made.

The person applying for the approval may appeal to the appropriate tribunal against the decision within the period of 28 days beginning with the date specified in the notice as the date on which it was made.

In this Part of this Act “specified premises”, in relation to a prohibition order, means premises specified in the order, in accordance with subsection (2)(d), as premises in relation to which prohibitions are imposed by the order.

A prohibition order may provide for the operation of the order to be suspended until a time, or the occurrence of an event, specified in the order.

The time so specified may, in particular, be the time when a person of a particular description begins, or ceases, to occupy any premises.

The event so specified may, in particular, be a notified breach of an undertaking accepted by the local housing authority for the purposes of this section from a person on whom a copy of the order is served.

In subsection (3) a “notified breach”, in relation to such an undertaking, means an act or omission by such a person—

This section deals with the time when a prohibition order becomes operative.

The general rule is that a prohibition order becomes operative at the end of the period of 28 days beginning with the date specified in the notice as the date on which it is made.

The general rule is subject to subsection (4) (suspended orders) and subsection (5) (appeals).

If the order is suspended under section 23, the order becomes operative at the time when the suspension ends. This is subject to subsection (5).

If an appeal is brought against the order under Part 3 of Schedule 2, the order does not become operative until such time (if any) as is the operative time for the purposes of this subsection under paragraph 14 of that Schedule (time when order is confirmed on appeal, period for further appeal expires or suspension ends).

If no appeal against a prohibition order is made under that Part of that Schedule within the period for appealing against it, the order is final and conclusive as to matters which could have been raised on an appeal.

Sections 584A and 584B of the Housing Act 1985 (c. 68) provide for the payment of compensation where certain prohibition orders become operative, and for the repayment of such compensation in certain circumstances.

The local housing authority must revoke a prohibition order if at any time they are satisfied that the hazard in respect of which the order was made does not then exist on the residential premises specified in the order in accordance with section 22(2)(b).

The local housing authority may revoke a prohibition order if—

Where a prohibition order relates to a number of hazards—

The local housing authority may vary a prohibition order—

A revocation under this section comes into force at the time when it is made.

If it is made with the agreement of every person within subsection (4)(a), a variation under this section comes into force at the time when it is made.

Otherwise a variation under this section does not come into force until such time (if any) as is the operative time for the purposes of this subsection under paragraph 15 of Schedule 2 (time when period for appealing expires without an appeal being made or when decision to revoke or vary is confirmed on appeal).

The power to revoke or vary a prohibition order under this section is exercisable by the authority either—

The local housing authority may at any time review a prohibition order whose operation is suspended.

The local housing authority must review a prohibition order whose operation is suspended not later than one year after the date on which the order was made and at subsequent intervals of not more than one year.

Copies of the authority’s decision on a review under this section must be served on every person on whom a copy of the order was required to be served under Part 1 of Schedule 2.

If—serving a hazard awareness notice under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

A hazard awareness notice under this section is a notice advising the person on whom it is served of the existence of a category 1 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

The notice may be served in respect of the following premises—Paragraphs (b) and (c) are subject to subsection (4).

The notice may not, by virtue of subsection (3)(b) or (c), be served in respect of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

A notice under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

A notice under this section must specify, in relation to the hazard (or each of the hazards) to which it relates—

Part 1 of Schedule 1 (which relates to the service of improvement notices and copies of such notices) applies to a notice under this section as if it were an improvement notice.

For that purpose, any reference in that Part of that Schedule to “the specified premises” is, in relation to a hazard awareness notice under this section, a reference to the premises specified under subsection (6)(c).

If—the authority may serve a hazard awareness notice under this section in respect of the hazard.

A hazard awareness notice under this section is a notice advising the person on whom it is served of the existence of a category 2 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

Subsections (3) and (4) of section 28 apply to a hazard awareness notice under this section as they apply to one under that section.

A notice under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.

A notice under this section must specify, in relation to the hazard (or each of the hazards) to which it relates—

A notice under this section may be combined in one document with a notice under section 28 where they are served in respect of the same premises.

Part 1 of Schedule 1 (which relates to the service of improvement notices and copies of such notices) applies to a notice under this section as if it were an improvement notice.

For that purpose, any reference in that Part of that Schedule to “the specified premises” is, in relation to a hazard awareness notice under this section, a reference to the premises specified under subsection (5)(c).

Where an improvement notice has become operative, the person on whom the notice was served commits an offence if he fails to comply with it.

For the purposes of this Chapter compliance with an improvement notice means, in relation to each hazard, beginning and completing any remedial action specified in the notice—

A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for failing to comply with the notice.

The obligation to take any remedial action specified in the notice in relation to a hazard continues despite the fact that the period for completion of the action has expired.

In this section any reference to any remedial action specified in a notice includes a reference to any part of any remedial action which is required to be completed within a particular period specified in the notice.

See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

A person commits an offence if, knowing that a prohibition order has become operative in relation to any specified premises, he—

A person who commits an offence under subsection (1) is liable on summary conviction—

In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for using the premises, or (as the case may be) permitting them to be used, in contravention of the order.

Subsection (2) applies where—

The lessor or the lessee may apply to the appropriate tribunal for an order determining or varying the lease.

On such an application the tribunal may make an order determining or varying the lease, if it considers it appropriate to do so.

Before making such an order, the tribunal must give any sub-lessee an opportunity of being heard.

An order under this section may be unconditional or subject to such terms and conditions as the tribunal considers appropriate.

The conditions may, in particular, include conditions about the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

In deciding what is appropriate for the purposes of this section, the tribunal must have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.

This section applies where an improvement notice or prohibition order has become operative.

If the occupier of any specified premises—a magistrates' court may order the occupier to permit to be done on the premises anything which the court considers is necessary or expedient for the purpose of enabling the intended action to be taken.

If a relevant person—a magistrates' court may order the relevant person to permit to be done on the premises anything which the court considers is necessary or expedient for the purpose of enabling the intended action to be taken.

A person who fails to comply with an order of the court under this section commits an offence.

In proceedings for an offence under subsection (4) it is a defence that the person had a reasonable excuse for failing to comply with the order.

A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20 in respect of each day or part of a day during which the failure continues.

In this section “intended action”, in relation to any specified premises, means—

In this section—“relevant person”, in relation to any premises, means a person who is an owner of the premises, a person having control of or managing the premises, or the holder of any licence under Part 2 or 3 in respect of the premises;“representative” in relation to a relevant person or a local housing authority, means any officer, employee, agent or contractor of that person or authority.

Where an improvement notice or prohibition order has become operative, an owner of any specified premises may apply to a magistrates' court for an order under subsection (2).

A magistrates' court may, on an application under subsection (1), make an order enabling the applicant—

In this section “required action” means—

No order may be made under subsection (2) unless the court is satisfied that the interests of the applicant will be prejudiced as a result of a failure by another person to take any required action.

No order may be made under subsection (2) unless notice of the application has been given to the local housing authority.

If it considers that it is appropriate to do so, the court may make an order in favour of any other owner of the premises which is similar to the order that it is making in relation to the premises under subsection (2).

An improvement notice or a prohibition order under this Chapter is a local land charge if subsection (2), (3) or (4) applies.

This subsection applies if the notice or order has become operative.

This subsection applies if—

This subsection applies if—

Nothing in this Chapter affects any remedy of an owner for breach of any covenant or contract entered into by a tenant in connection with any premises which are specified premises in relation to an improvement notice or prohibition order.

If an owner is obliged to take possession of any premises in order to comply with an improvement notice or prohibition order, the taking of possession does not affect his right to take advantage of any such breach which occurred before he took possession.

No action taken under this Chapter affects any remedy available to the tenant of any premises against his landlord (whether at common law or otherwise).

Subsection (2) applies if—

The improvement notice or prohibition order—

Subsection (2)(a) does not affect any right acquired or liability (civil or criminal) incurred before the improvement notice or prohibition order ceases to have effect.

Subsection (5) applies where, under section 308 of the Housing Act 1985 (c. 68) (owner’s re-development proposals), the local housing authority have approved proposals for the re-development of land.

No action is to be taken under this Chapter in relation to the land if, and so long as, the re-development is being proceeded with (subject to any variation or extension approved by the authority)—

If—the taking by the authority of emergency remedial action under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

“Emergency remedial action” means such remedial action in respect of the hazard concerned as the authority consider immediately necessary in order to remove the imminent risk of serious harm within subsection (1)(b).

Emergency remedial action under this section may be taken by the authority in relation to any premises in relation to which remedial action could be required to be taken by an improvement notice under section 11 (see subsections (3) and (4) of that section).

Emergency remedial action under this section may be taken by the authority in respect of more than one category 1 hazard on the same premises or in the same building containing one or more flats.

Paragraphs 3 to 5 of Schedule 3 (improvement notices: enforcement action by local authorities) apply in connection with the taking of emergency remedial action under this section as they apply in connection with the taking of the remedial action required by an improvement notice which has become operative but has not been complied with. But those paragraphs so apply with the modifications set out in subsection (6).

The modifications are as follows—

Within the period of seven days beginning with the date when the authority start taking emergency remedial action, the authority must serve—on the persons on whom the authority would be required under Part 1 of Schedule 1 to serve an improvement notice and copies of it.

Section 240 (warrant to authorise entry) applies for the purpose of enabling a local housing authority to enter any premises to take emergency remedial action under this section in relation to the premises, as if—

For the purposes of the operation of any provision relating to improvement notices as it applies by virtue of this section in connection with emergency remedial action or a notice under section 41, any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section 41(2)(c), as those in relation to which emergency remedial action has been (or is to be) taken.

The notice required by section 40(7) is a notice which complies with the following requirements of this section.

The notice must specify, in relation to the hazard (or each of the hazards) to which it relates—

The notice must contain information about—

This section relates to the recovery by a local housing authority of expenses reasonably incurred in taking emergency remedial action under section 40 (“emergency expenses”).

Paragraphs 6 to 14 of Schedule 3 (improvement notices: enforcement action by local authorities) apply for the purpose of enabling alocal housing authority to recover emergency expenses as they apply for the purpose of enabling such an authority to recover expenses incurred in taking remedial action under paragraph 3 of that Schedule. But those paragraphs so apply with the modifications set out in subsection (3).

The modifications are as follows—

This subsection gives the meaning of “the operative time” for the purposes of subsection (3)—

For the purposes of subsection (4)—

If—making an emergency prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

An emergency prohibition order under this section is an order imposing, with immediate effect, such prohibition or prohibitions on the use of any premises as are specified in the order in accordance with subsection (3) and section 44.

As regards the imposition of any such prohibition or prohibitions, the following provisions apply to an emergency prohibition order as they apply to a prohibition order under section 20—

Part 1 of Schedule 2 (service of copies of prohibition orders) applies in relation to an emergency prohibition order as it applies to a prohibition order, but any requirement to serve copies within a specified period of seven days is to be read as a reference to serve them on the day on which the emergency prohibition order is made (or, if that is not possible, as soon after that day as is possible).

The following provisions also apply to an emergency prohibition order as they apply to a prohibition order (or to a prohibition order which has become operative, as the case may be)—

For the purposes of the operation of any provision relating to prohibition orders as it applies in connection with emergency prohibition orders by virtue of this section or section 45, any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section 44(2)(c), as the premises in relation to which prohibitions are imposed by the order.

An emergency prohibition order under section 43 must comply with the following requirements of this section.

The order must specify, in relation to the hazard (or each of the hazards) to which it relates—

The order must contain information about—and specify the date on which the order is made.

A person on whom a notice under section 41 has been served in connection with the taking of emergency remedial action under section 40 may appeal to the appropriate tribunal against the decision of the local housing authority to take that action.

A relevant person may appeal to the appropriate tribunal against an emergency prohibition order.

An appeal under subsection (1) or (2) must be made within the period of 28 days beginning with—as the case may be.

The appropriate tribunal may allow an appeal to be made to it after the end of that period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

An appeal under subsection (1) or (2)—

The tribunal may—

Paragraph 16 of Schedule 2 applies for the purpose of identifying who is a relevant person for the purposes of subsection (2) in relation to an emergency prohibition order as it applies for the purpose of identifying who is a relevant person for the purposes of Part 3 of that Schedule in relation to a prohibition order.

Part 9 of the Housing Act 1985 (c. 68) (slum clearance) is further amended as follows.

In section 269 (right of appeal against demolition order etc.)—

In section 272 (demolition orders)—

In section 317 (power of court to determine lease where premises demolished etc.)—

In section 318 (power of court to authorise execution of works on unfit premises or for improvement)—

A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering certain administrative and other expenses incurred by them in—

The expenses are, in the case of the service of an improvement notice or a hazard awareness notice, the expenses incurred in—

The expenses are, in the case of emergency remedial action under section 40, the expenses incurred in—

The expenses are, in the case of a prohibition order under section 20 or 21 of this Act, an emergency prohibition order under section 43 or a demolition order under section 265 of the Housing Act 1985, the expenses incurred in—

A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering expenses incurred by them in—

The amount of the charge may not exceed such amount as is specified by order of the appropriate national authority.

Where a tribunal allows an appeal against the underlying notice or order mentioned in subsection (1), it may make such order as it considers appropriate reducing, quashing, or requiring the repayment of, any charge under this section made in respect of the notice or order.

This section relates to the recovery by a local housing authority of a charge made by them under section 49.

In the case of—the charge may be recovered from the person on whom the notice is served.

In the case of emergency remedial action under section 40, the charge may be recovered from the person served with the notice required by subsection (7) of that section.

In the case of—the charge may be recovered from any person on whom a copy of the order is served as an owner of the premises.

A demand for payment of the charge must be served on the person from whom the authority seek to recover it.

The demand becomes operative, if no appeal is brought against the underlying notice or order, at the end of the period of 21 days beginning with the date of service of the demand.

If such an appeal is brought and a decision is given on the appeal which confirms the underlying notice or order, the demand becomes operative at the time when—

For the purposes of subsection (7)—

As from the time when the demand becomes operative, the sum recoverable by the authority is, until recovered, a charge on the premises concerned.

The charge takes effect at that time as a legal charge which is a local land charge.

For the purpose of enforcing the charge the authority have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

The appropriate national authority may by regulations prescribe the form of, and the particulars to be contained in, a demand for payment of any charge under section 49.

In the London Building Acts (Amendment) Act 1939 (c. xcvii)—

In the County of Merseyside Act 1980 (c. x) omit section 48 (means of escape from fire) and section 49(1) and (2) (maintenance of means of escape from fire).

In the Building Act 1984 (c. 55) omit section 72(6)(a) (means of escape from fire in case of certain buildings let in flats or tenements).

In the Leicestershire Act 1985 (c. xvii) omit section 54(6)(a) (means of escape from fire in case of certain buildings used as flats or tenements).

This Part provides for HMOs to be licensed by local housing authorities where—

This Part applies to the following HMOs in the case of each local housing authority—

The appropriate national authority may by order prescribe descriptions of HMOs for the purposes of subsection (2)(a).

The power conferred by subsection (3) may be exercised in such a way that this Part applies to all HMOs in the district of a local housing authority.

Every local housing authority have the following general duties—

For the purposes of subsection (5)(c)—

A local housing authority may designate either—as subject to additional licensing in relation to a description of HMOs specified in the designation, if the requirements of this section are met.

The authority must consider that 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.

Before making a designation the authority must—

The power to make a designation under this section may be exercised in such a way that this Part applies to all HMOs in the area in question.

In forming an opinion as to the matter mentioned in subsection (2), the authority must have regard to any information regarding the extent to which any codes of practice approved under section 233 have been complied with by persons managing HMOs in the area in question.

Section 57 applies for the purposes of this section.

This section applies to the power of a local housing authority to make designations under section 56.

The authority must ensure that any exercise of the power is consistent with the authority’s 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 affecting the private rented sector, both—

The authority must not make a particular designation under section 56 unless—

In this Act “anti-social behaviour” means conduct on the part of occupiers of, or visitors to, residential premises—

A designation of an area as subject to additional licensing cannot come into force unless—

The appropriate national authority may either confirm, or refuse to confirm, a designation as it considers appropriate.

If the appropriate national authority confirms a designation, the designation comes into force on the date specified for this purpose by that authority.

That date must be no earlier than three months after the date on which the designation is confirmed.

A general approval may be given in relation to a description of designations framed by reference to any matters or circumstances.

Accordingly a general approval may (in particular) be given in relation to—“Specified” means specified by the appropriate national authority in the approval.

If, by virtue of a general approval, a designation does not need to be confirmed before it comes into force, the designation comes into force on the date specified for this purpose in the designation.

That date must be no earlier than three months after the date on which the designation is made.

This section applies to a designation—

As soon as the designation is confirmed or made, the authority must publish in the prescribed manner a notice stating—

After publication of a notice under subsection (2), and for as long as the designation is in force, the local housing authority must make available to the public in accordance with any prescribed requirements—

In this section “prescribed” means prescribed by regulations made by the appropriate national authority.

Unless previously revoked under subsection (4), a designation ceases to have effect at the time that is specified for this purpose in the designation.

That time must be no later than five years after the date on which the designation comes into force.

A local housing authority must from time to time review the operation of any designation made by them.

If following a review they consider it appropriate to do so, the authority may revoke the designation.

If they do revoke the designation, the designation ceases to have effect at the time that is specified by the authority for this purpose.

On revoking a designation the authority must publish notice of the revocation in such manner as is prescribed by regulations made by the appropriate national authority.

Every HMO to which this Part applies must be licensed under this Part unless—

A licence under this Part is a licence authorising occupation of the house concerned by not more than a maximum number of households or persons specified in the licence.

Sections63 to 67 deal with applications for licences, the granting or refusal of licences and the imposition of licence conditions.

The local housing authority must take all reasonable steps to secure that applications for licences are made to them in respect of HMOs in their area which are required to be licensed under this Part but are not.

The appropriate national authority may by regulations provide for—

In this Part (unless the context otherwise requires)—

This section applies where a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1)) but is not so licensed, notifies the local housing authority of his intention to take particular steps with a view to securing that the house is no longer required to be licensed.

The authority may, if they think fit, serve on that person a notice under this section (“a temporary exemption notice”) in respect of the house.

If a temporary exemption notice is served under this section, the house is (in accordance with sections 61(1) and 85(1)) not required to be licensed either under this Part or under Part 3 during the period for which the notice is in force.

A temporary exemption notice under this section is in force—

If the authority—the authority may serve a second such notice on the person having control of or managing the house (but no further notice may be served by virtue of this subsection).

If the authority decide not to serve a temporary exemption notice in response to a notification under subsection (1), they must without delay serve on the person concerned a notice informing him of—

The person concerned may appeal to the appropriate tribunal against the decision within the period of 28 days beginning with the date specified under subsection (6) as the date on which it was made.

Such an appeal—

The tribunal—

An application for a licence must be made to the local housing authority.

The application must be made in accordance with such requirements as the authority may specify.

The authority may, in particular, require the application to be accompanied by a fee fixed by the authority.

The power of the authority to specify requirements under this section is subject to any regulations made under subsection (5).

The appropriate national authority may by regulations make provision about the making of applications under this section.

Such regulations may, in particular—

When fixing fees under this section, the local housing authority may (subject to any regulations made under subsection (5)) take into account—

Where an application in respect of an HMO is made to the local housing authority under section 63, the authority must either—

If the authority are satisfied as to the matters mentioned in subsection (3), they may grant a licence either—

The matters are—

The maximum number of households or persons referred to in subsection (3)(a) is—

Sections 65 and 66 apply for the purposes of this section.

The local housing authority cannot be satisfied for the purposes of section 64(3)(a) that the house is reasonably suitable for occupation by a particular maximum number of households or persons if they consider that it fails to meet prescribed standards for occupation by that number of households or persons.

But the authority may decide that the house is not reasonably suitable for occupation by a particular maximum number of households or persons even if it does meet prescribed standards for occupation by that number of households or persons.

In this section “prescribed standards” means standards prescribed by regulations made by the appropriate national authority.

The standards that may be so prescribed include—

In deciding for the purposes of section 64(3)(b) or (d) whether a person (“P”) is a fit and proper person to be the licence holder or (as the case may be) the manager of the house, the local housing authority must have regard (among other things) to any evidence within subsection (2) or (3).

Evidence is within this subsection if it shows that P has—

Evidence is within this subsection if—

A person is not a fit and proper person for the purposes of section 64(3)(b) or (d) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person.

For the purposes of section 64(3)(b) the local housing authority must assume, unless the contrary is shown, that the person having control of the house is a more appropriate person to be the licence holder than a person not having control of it.

In deciding for the purposes of section 64(3)(e) whether the proposed management arrangements for the house are otherwise satisfactory, the local housing authority must have regard (among other things) to the considerations mentioned in subsection (6).

The considerations are—

Any reference in section 64(3)(c)(i) or (ii) or subsection (4) above to a person having control of the house, or to being a person of any other description, includes a reference to a person who is proposing to have control of the house, or (as the case may be) to be a person of that description, at the time when the licence would come into force.

A licence may include such conditions as the local housing authority consider appropriate for regulating all or any of the following—

Those conditions may, in particular, include (so far as appropriate in the circumstances)—

A licence must include the conditions required by Schedule 4.

As regards the relationship between the authority’s power to impose conditions under this section and functions exercisable by them under or for the purposes of Part 1 (“Part 1 functions”)—

A licence may not include conditions imposing restrictions or obligations on a particular person other than the licence holder unless that person has consented to the imposition of the restrictions or obligations.

A licence may not include conditions requiring (or intended to secure) any alteration in the terms of any tenancy or licence under which any person occupies the house.

A licence may not relate to more than one HMO.

A licence may be granted before the time when it is required by virtue of this Part but, if so, the licence cannot come into force until that time.

A licence—

That period must not end more than 5 years after—

Subsection (3)(b) applies even if, at any time during that period, the HMO concerned subsequently ceases to be one to which this Part applies.

A licence may not be transferred to another person.

If the holder of the licence dies while the licence is in force, the licence ceases to be in force on his death.

However, during the period of 3 months beginning with the date of the licence holder’s death, the house is to be treated for the purposes of this Part and Part 3 as if on that date a temporary exemption notice had been served in respect of the house under section 62.

If, at any time during that period (“the initial period”), the personal representatives of the licence holder request the local housing authority to do so, the authority may serve on them a notice which, during the period of 3 months after the date on which the initial period ends, has the same effect as a temporary exemption notice under section 62.

Subsections (6) to (8) of section 62 apply (with any necessary modifications) in relation to a decision by the authority not to serve such a notice as they apply in relation to a decision not to serve a temporary exemption notice.

The local housing authority may vary a licence—For this purpose “change of circumstances” includes any discovery of new information.

Subsection (3) applies where the authority—

The authority must apply the same standards in relation to the circumstances existing at the time when they are considering whether to vary the licence as were applicable at the time when it was granted. This is subject to subsection (4).

If the standards—have subsequently been revised or superseded by provisions of regulations under that section, the authority may apply the new standards.

A variation made with the agreement of the licence holder takes effect at the time when it is made.

Otherwise, a variation does not come into force until such time, if any, as is the operative time for the purposes of this subsection under paragraph 35 of Schedule 5 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

The power to vary a licence under this section is exercisable by the authority either—

In subsection (7) “relevant person” means any person (other than the licence holder)—

The local housing authority may revoke a licence—

The cases referred to in subsection (1)(b) are as follows—Section 66(1) applies in relation to paragraph (b) or (c) above as it applies in relation to section 64(3)(b) or (d).

The cases referred to in subsection (1)(c) are as follows—

Subsection (5) applies where the authority are considering whether to revoke a licence by virtue of subsection (3)(b) on the grounds that the HMO is not reasonably suitable for the number of households or persons specified in the licence as the maximum number authorised to occupy the house.

The authority must apply the same standards in relation to the circumstances existing at the time when they are considering whether to revoke the licence as were applicable at the time when it was granted. This is subject to subsection (6).

If the standards—have subsequently been revised or superseded by provisions of regulations under that section, the authority may apply the new standards.

A revocation made with the agreement of the licence holder takes effect at the time when it is made.

Otherwise, a revocation does not come into force until such time, if any, as is the operative time for the purposes of this subsection under paragraph 35 of Schedule 5 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

The power to revoke a licence under this section is exercisable by the authority either—

In subsection (9) “relevant person” means any person (other than the licence holder)—

The local housing authority must revoke a licence if a banning order is made against the licence holder.

The local housing authority must revoke a licence if a banning order is made against a person who—

The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.

The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.

In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.

If an HMO is required to be licensed under this Part (see section 61(1)) but is not so licensed, an offence is committed by—

The following are within this subsection—

A person commits an offence if—

A person commits an offence if—

In proceedings against a person for an offence under subsection (1) it is a defence that, at the material time—and that notification or application was still effective (see subsection (8)).

In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse—in circumstances in which the HMO was required to be licensed under this Part but was not so licensed.

In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they—

For the purposes of subsection (4B), a term in the tenancy agreement or licence to occupy relating to the occupation of the building or part of the building that is an HMO does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.

In proceedings against a person for an offence under subsection (2) or (3) it is a defence that he had a reasonable excuse—as the case may be.

A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine.

A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

For the purposes of subsection (4) a notification or application is “effective” at a particular time if at that time it has not been withdrawn, and either—

The conditions are—

In subsection (9) “relevant decision” means a decision which is given on an appeal to the tribunal and confirms the authority’s decision (with or without variation).

For the purposes of this section an HMO is an “unlicensed HMO” if—

The conditions are—

No rule of law relating to the validity or enforceability of contracts in circumstances involving illegality is to affect the validity or enforceability of—

But amounts paid in respect of rent or other periodical payments payable in connection with such a tenancy or licence may be recovered in accordance with subsection (5) and section 74 (in the case of an HMO in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of an HMO in England) .

If—the tribunal may make an order (a “rent repayment order”) requiring the appropriate person to pay to the applicant such amount in respect of the relevant award or awards of universal credit or the housing benefit paid as mentioned in subsection (6)(b), or (as the case may be) the periodical payments paid as mentioned in subsection (8)(b), as is specified in the order (see section 74(2) to (8)).

If the application is made by the local housing authority, the tribunal must be satisfied as to the following matters—

In subsection (6)(b)(i), “relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) (S.I. 2013/376) or any corresponding provision replacing that Schedule, in respect of periodical payments payable in connection with the occupation of a part or parts of the HMO.

Those requirements are as follows—

If the application is made by an occupier of a part of the HMO, the tribunal must be satisfied as to the following matters—

Where a local housing authority serve a notice of intended proceedings on any person under this section, they must ensure—

In this section—“the appropriate person”, in relation to any payment of universal credit or housing benefit or periodical payment payable in connection with occupation of a part of an HMO, means the person who at the time of the payment was entitled to receive on his own account periodical payments payable in connection with such occupation;“housing benefit” means housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992 (c. 4);“occupier”, in relation to any periodical payment, means a person who was an occupier at the time of the payment, whether under a tenancy or licence or otherwise (and “occupation” has a corresponding meaning);“periodical payments” means—payments in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit, as referred to in paragraph 3 of Schedule 4 to the Universal Credit Regulations 2013 (“relevant payments”) (S.I. 2013/376) or any corresponding provision replacing that paragraph; and periodical payments in respect of which housing benefit may be paid by virtue of regulation 12 of the Housing Benefit Regulations 2006 or any corresponding provision replacing that regulation;

For the purposes of this section an amount which—is to be regarded as an amount paid by the occupier in respect of that periodical payment.

This section applies in relation to rent repayment orders made by residential property tribunals under section 73(5).

Where, on an application by the local housing authority, the tribunal is satisfied—the tribunal must make a rent repayment order requiring the appropriate person to pay to the authority the amount mentioned in subsection (2A). This is subject to subsections (3), (4) and (8).

The amount referred to in subsection (2) is—(as the case may be).

If the total of the amounts received by the appropriate person in respect of periodical payments payable as mentioned in paragraph (b) of subsection (2) (“the rent total”) is less than the amount mentioned in subsection (2A), the amount required to be paid by virtue of a rent repayment order made in accordance with that subsection is limited to the rent total.

A rent repayment order made in accordance with subsection (2) may not require the payment of any amount which the tribunal is satisfied that, by reason of any exceptional circumstances, it would be unreasonable for that person to be required to pay.

In a case where subsection (2) does not apply, the amount required to be paid by virtue of a rent repayment order under section 73(5) is to be such amount as the tribunal considers reasonable in the circumstances. This is subject to subsections (6) to (8).

In such a case the tribunal must, in particular, take into account the following matters—

In subsection (6) “relevant payments” means—

A rent repayment order may not require the payment of any amount which—and the period to be taken into account under subsection (6)(a) above is restricted accordingly.

Any amount payable to a local housing authority under a rent repayment order—

For the purpose of enforcing that charge the authority have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were mortgagees by deed having powers of sale and lease, and of accepting surrenders of leases and of appointing a receiver.

The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

If the authority subsequently grant a licence under this Part or Part 3 in respect of the HMO to the appropriate person or any person acting on his behalf, the conditions contained in the licence may include a condition requiring the licence holder—

If the authority subsequently make a management order under Chapter 1 of Part 4 in respect of the HMO, the order may contain such provisions as the authority consider appropriate for the recovery of any amount payable to them under the rent repayment order and not so far recovered by them.

Any amount payable to an occupier by virtue of a rent repayment order is recoverable by the occupier as a debt due to him from the appropriate person.

The appropriate national authority may by regulations make such provision as it considers appropriate for supplementing the provisions of this section and section 73, and in particular—

Section 73(10) and (11) apply for the purposes of this section as they apply for the purposes of section 73.

No section 21 notice may be given in relation to a shorthold tenancy of a part of an unlicensed HMO so long as it remains such an HMO.

In this section—a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (c. 50) (recovery of possession on termination of shorthold tenancy); a “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of that Act;“unlicensed HMO” has the same meaning as in section 73 of this Act.

No section 173 notice, no section 186 notice, no paragraph 25B of Schedule 12 notice and no section 194 notice may be given in relation to a standard contract of a part of an unlicensed HMO as long as it remains such an HMO.

In this section—“2016 Act” means the Renting Homes (Wales) Act 2016 (anaw 1);“paragraph 25B of Schedule 12 notice” means a notice under paragraph 25B of Schedule 12 to the 2016 Act (termination of contract by landlord);“section 173 notice” means a notice under section 173 of the 2016 Act (landlord’s notice);“section 186 notice” means a notice under section 186 of the 2016 Act (landlord’s notice in connection with end of term of contract within Schedule 9B);“section 194 notice” means a notice under section 194 of the 2016 Act (landlord’s break clause);“standard contract” has the same meaning as in the 2016 Act (see section 8 of the 2016 Act);“unlicensed HMO” has the same meaning as in section 73 of this Act.

Subsection (2) applies where—

This Part applies in relation to the occupation by persons or households of such HMOs on or after the coming into force of the order or designation even if their occupation began before, or in pursuance of a contract made before, it came into force. This is subject to subsections (3) to (5).

Subsection (4) applies where—

In proceedings against a person for an offence under section 72(2) it is a defence that at the material time he was taking all reasonable steps to try to reduce the number of households or persons occupying the house to the number permitted by the licence.

Subsection (4) does not apply if the licence came into force immediately after a previous licence in respect of the same HMO unless the occupation in question began before, or in pursuance of a contract made before, the coming into force of the original licence.

An order under section 270 may make provision as regards the licensing under this Part of HMOs—

In subsection (6) “the appointed day” means the day appointed for the coming into force of section 61.

This Part provides for houses to be licensed by local housing authorities where—

This Part applies to a house if—

A tenancy or licence is an exempt tenancy or licence if—

In addition, the appropriate national authority may by order provide for a tenancy or licence to be an exempt tenancy or licence—

Every local housing authority have the following general duties—

A local housing authority may designate either—as subject to selective licensing, if the requirements of subsections (2) and (9) are met.

The authority must consider that—are satisfied in relation to the area.

The first set of general conditions are—

In deciding whether an area is, or is likely to become, an area of low housing demand a local housing authority must take into account (among other matters)—

The appropriate national authority may by order amend subsection (4) by adding new matters to those for the time being mentioned in that subsection.

The second set of general conditions are—

The appropriate national authority may by order provide for any conditions specified in the order to apply as an additional set of conditions for the purposes of subsection (2).

The conditions that may be specified include, in particular, conditions intended to permit a local housing authority to make a designation for the purpose of dealing with one or more specified problems affecting persons occupying Part 3 houses in the area.“Specified” means specified in an order under subsection (7).

Before making a designation the local housing authority must—

Section 81 applies for the purposes of this section.

This section applies to the power of a local housing authority to make designations under section 80.

The authority must ensure that any exercise of the power is consistent with the authority’s 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, both—

The authority must not make a particular designation under section 80 unless—

A designation of an area as subject to selective licensing cannot come into force unless—

The appropriate national authority may either confirm, or refuse to confirm, a designation as it considers appropriate.

If the appropriate national authority confirms a designation, the designation comes into force on a date specified for this purpose by that authority.

That date must be no earlier than three months after the date on which the designation is confirmed.

A general approval may be given in relation to a description of designations framed by reference to any matters or circumstances.

Accordingly a general approval may (in particular) be given in relation to—“Specified” means specified by the appropriate national authority in the approval.

If, by virtue of a general approval, a designation does not need to be confirmed before it comes into force, the designation comes into force on the date specified for this purpose in the designation.

That date must be no earlier than three months after the date on which the designation is made.

Where a designation comes into force, this Part applies in relation to the occupation by persons of houses in the area on or after the coming into force of the designation even if their occupation began before, or in pursuance of a contract made before, it came into force.

This section applies to a designation—

As soon as the designation is confirmed or made, the authority must publish in the prescribed manner a notice stating—

After publication of a notice under subsection (2), and for as long as the designation is in force, the local housing authority must make available to the public in accordance with any prescribed requirements—

In this section “prescribed” means prescribed by regulations made by the appropriate national authority.

Unless previously revoked under subsection (4), a designation ceases to have effect at the time that is specified for this purpose in the designation.

That time must be no later than five years after the date on which the designation comes into force.

A local housing authority must from time to time review the operation of any designation made by them.

If following a review they consider it appropriate to do so, the authority may revoke the designation.

If they do revoke the designation, the designation ceases to have effect on the date that is specified by the authority for this purpose.

On revoking a designation, the authority must publish notice of the revocation in such manner as is prescribed by regulations made by the appropriate national authority.

Every Part 3 house must be licensed under this Part unless—

A licence under this Part is a licence authorising occupation of the house concerned under one or more tenancies or licences within section 79(2)(b).

Sections 87 to 90 deal with applications for licences, the granting or refusal of licences and the imposition of licence conditions.

The local housing authority must take all reasonable steps to secure that applications for licences are made to them in respect of houses in their area which are required to be licensed under this Part but are not so licensed.

In this Part, unless the context otherwise requires—

This section applies where a person having control of or managing a Part 3 house which is required to be licensed under this Part (see section 85(1)) but is not so licensed, notifies the local housing authority of his intention to take particular steps with a view to securing that the house is no longer required to be licensed.

The authority may, if they think fit, serve on that person a notice under this section (“a temporary exemption notice”) in respect of the house.

If a temporary exemption notice is served under this section, the house is (in accordance with section 85(1)) not required to be licensed under this Part during the period for which the notice is in force.

A temporary exemption notice under this section is in force—

If the authority—the authority may serve a second such notice on the person having control of or managing the house (but no further notice may be served by virtue of this subsection).

If the authority decide not to serve a temporary exemption notice in response to a notification under subsection (1), they must without delay serve on the person concerned a notice informing him of—

The person concerned may appeal to the appropriate tribunal against the decision within the period of 28 days beginning with the date specified under subsection (6) as the date on which it was made.

Such an appeal—

The tribunal—

An application for a licence must be made to the local housing authority.

The application must be made in accordance with such requirements as the authority may specify.

The authority may, in particular, require the application to be accompanied by a fee fixed by the authority.

The power of the authority to specify requirements under this section is subject to any regulations made under subsection (5).

The appropriate national authority may by regulations make provision about the making of applications under this section.

Such regulations may, in particular—

When fixing fees under this section, the local housing authority may (subject to any regulations made under subsection (5)) take into account—

Where an application in respect of a house is made to the local housing authority under section 87, the authority must either—

If the authority are satisfied as to the matters mentioned in subsection (3), they may grant a licence either—

The matters are—

Section 89 applies for the purposes of this section.

In deciding for the purposes of section 88(3)(a) or (c) whether a person (“P”) is a fit and proper person to be the licence holder or (as the case may be) the manager of the house, the local housing authority must have regard (among other things) to any evidence within subsection (2) or (3).

Evidence is within this subsection if it shows that P has—

Evidence is within this subsection if—

A person is not a fit and proper person for the purposes of section 88(3)(a) or (c) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person.

For the purposes of section 88(3)(a) the local housing authority must assume, unless the contrary is shown, that the person having control of the house is a more appropriate person to be the licence holder than a person not having control of it.

In deciding for the purposes of section 88(3)(d) whether the proposed management arrangements for the house are otherwise satisfactory, the local housing authority must have regard (among other things) to the considerations mentioned in subsection (6).

The considerations are—

Any reference in section 88(3)(b)(i) or (ii) or subsection (4) above to a person having control of the house, or to being a person of any other description, includes a reference to a person who is proposing to have control of the house, or (as the case may be) to be a person of that description, at the time when the licence would come into force.

A licence may include such conditions as the local housing authority consider appropriate for regulating the management, use or occupation of the house concerned.

Those conditions may, in particular, include (so far as appropriate in the circumstances)—

A licence may also include—

A licence must include the conditions required by Schedule 4.

As regards the relationship between the authority’s power to impose conditions under this section and functions exercisable by them under or for the purposes of Part 1 (“Part 1 functions”)—

A licence may not include conditions imposing restrictions or obligations on a particular person other than the licence holder unless that person has consented to the imposition of the restrictions or obligations.

A licence may not include conditions requiring (or intended to secure) any alteration in the terms of any tenancy or licence under which any person occupies the house.

A licence may not relate to more than one Part 3 house.

A licence may be granted before the time when it is required by virtue of this Part but, if so, the licence cannot come into force until that time.

A licence—

That period must not end more than 5 years after—

Subsection (3)(b) applies even if, at any time during that period, the house concerned subsequently ceases to be a Part 3 house or becomes an HMO to which Part 2 applies (see section 55(2)).

A licence may not be transferred to another person.

If the holder of the licence dies while the licence is in force, the licence ceases to be in force on his death.

However, during the period of 3 months beginning with the date of the licence holder’s death, the house is to be treated for the purposes of this Part as if on that date a temporary exemption notice had been served in respect of the house under section 86.

If, at any time during that period (“the initial period”), the personal representatives of the licence holder request the local housing authority to do so, the authority may serve on them a notice which, during the period of 3 months after the date on which the initial period ends, has the same effect as a temporary exemption notice under section 86.

Subsections (6) to (8) of section 86 apply (with any necessary modifications) in relation to a decision by the authority not to serve such a notice as they apply in relation to a decision not to serve a temporary exemption notice.

The local housing authority may vary a licence—For this purpose “change of circumstances” includes any discovery of new information.

A variation made with the agreement of the licence holder takes effect at the time when it is made.

Otherwise, a variation does not come into force until such time, if any, as is the operative time for the purposes of this subsection under paragraph 35 of Schedule 5 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

The power to vary a licence under this section is exercisable by the authority either—

In subsection (4) “relevant person” means any person (other than the licence holder)—

The local housing authority may revoke a licence—

The cases referred to in subsection (1)(b) are as follows—Section 89(1) applies in relation to paragraph (b) or (c) above as it applies in relation to section 88(3)(a) or (c).

The cases referred to in subsection (1)(c) are as follows—

A revocation made with the agreement of the licence holder takes effect at the time when it is made.

Otherwise, a revocation does not come into force until such time, if any, as is the operative time for the purposes of this subsection under paragraph 35 of Schedule 5 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal). This is subject to subsection (6).

A revocation made in a case within subsection (3)(b) cannot come into force before such time as would be the operative time for the purposes of subsection (5) under paragraph 35 of Schedule 5 on the assumption that paragraph 35 applied—

The power to revoke a licence under this section is exercisable by the authority either—

In subsection (7) “relevant person” means any person (other than the licence holder)—

The local housing authority must revoke a licence if a banning order is made against the licence holder.

The local housing authority must revoke a licence if a banning order is made against a person who—

The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.

The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.

In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.

If a house is required to be licensed under this Part (see section 85(1)) but is not so licensed, an offence is committed by—

The following are within this subsection—

A person commits an offence if—

In proceedings against a person for an offence under subsection (1) it is a defence that, at the material time—and that notification or application was still effective (see subsection (7)).

In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse—in circumstances in which the house was required to be licensed under this Part but was not so licensed.

In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they—

For the purposes of subsection (3B), a term in the tenancy agreement or licence to occupy relating to the occupation of the house does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.

In proceedings against a person for an offence under subsection (2) it is a defence that he had a reasonable excuse for failing to comply with the condition.

A person who commits an offence under subsection (1) is liable on summary conviction to a fine.

A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

For the purposes of subsection (3) a notification or application is “effective” at a particular time if at that time it has not been withdrawn, and either—

The conditions are—

In subsection (8) “relevant decision” means a decision which is given on an appeal to the tribunal and confirms the authority’s decision (with or without variation).

For the purposes of this section a house is an “unlicensed house” if—

The conditions are—

No rule of law relating to the validity or enforceability of contracts in circumstances involving illegality is to affect the validity or enforceability of—

But amounts paid in respect of rent or other periodical payments payable in connection with such a tenancy or licence may be recovered in accordance with subsection (5) and section 97 (in the case of a house in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of a house in England) .

If—the tribunal may make an order (a “rent repayment order”) requiring the appropriate person to pay to the applicant such amount in respect of the relevant award or awards of universal credit or the housing benefit paid as mentioned in subsection (6)(b), or (as the case may be) the periodical payments paid as mentioned in subsection (8)(b), as is specified in the order (see section 97(2) to (8)).

If the application is made by the local housing authority, the tribunal must be satisfied as to the following matters—

In subsection (6)(b)(i), “relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) (S.I. 2013/376) or any corresponding provision replacing that Schedule, in respect of periodical payments payable in connection with the occupation of the whole or any part or parts of the house.

Those requirements are as follows—

If the application is made by an occupier of the whole or part of the house, the tribunal must be satisfied as to the following matters—

Where a local housing authority serve a notice of intended proceedings on any person under this section, they must ensure—

In this section—“ the appropriate person ”, in relation to any payment of universal credit or housing benefit or periodical payment payable in connection with occupation of the whole or a part of a house, means the person who at the time of the payment was entitled to receive on his own account periodical payments payable in connection with such occupation;“ housing benefit ” means housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992 (c. 4);“ occupier ”, in relation to any periodical payment, means a person who was an occupier at the time of the payment, whether under a tenancy or licence (and “ occupation ” has a corresponding meaning);“periodical payments” means—payments in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit, as referred to in paragraph 3 of Schedule 4 to the Universal Credit Regulations 2013 (“relevant payments”) (S.I. 2013/376) or any corresponding provision replacing that paragraph; and periodical payments in respect of which housing benefit may be paid by virtue of regulation 12 of the Housing Benefit Regulations 2006 or any corresponding provision replacing that regulation;

For the purposes of this section an amount which—is to be regarded as an amount paid by the occupier in respect of that periodical payment.

This section applies in relation to orders made by residential property tribunals under section 96(5).

Where, on an application by the local housing authority, the tribunal is satisfied—the tribunal must make a rent repayment order requiring the appropriate person to pay to the authority the amount mentioned in subsection (2A). This is subject to subsections (3), (4) and (8).

The amount referred to in subsection (2) is—(as the case may be).

If the total of the amounts received by the appropriate person in respect of periodical payments payable as mentioned in paragraph (b) of subsection (2) (“the rent total”) is less than the amount mentioned in subsection (2A), the amount required to be paid by virtue of a rent repayment order made in accordance with that subsection is limited to the rent total.

A rent repayment order made in accordance with subsection (2) may not require the payment of any amount which the tribunal is satisfied that, by reason of any exceptional circumstances, it would be unreasonable for that person to be required to pay.

In a case where subsection (2) does not apply, the amount required to be paid by virtue of a rent repayment order under section 96(5) is to be such amount as the tribunal considers reasonable in the circumstances. This is subject to subsections (6) to (8).

In such a case the tribunal must, in particular, take into account the following matters—

In subsection (6) “relevant payments” means—

A rent repayment order may not require the payment of an amount which—and the period to be taken into account under subsection (6)(a) above is restricted accordingly.

Any amount payable to a local housing authority under a rent repayment order—

For the purpose of enforcing that charge the authority have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were mortgagees by deed having powers of sale and lease, and of accepting surrenders of leases and of appointing a receiver.

The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

If the authority subsequently grant a licence under Part 2 or this Part in respect of the house to the appropriate person or any person acting on his behalf, the conditions contained in the licence may include a condition requiring the licence holder—

If the authority subsequently make a management order under Chapter 1 of Part 4 in respect of the house, the order may contain such provisions as the authority consider appropriate for the recovery of any amount payable to them under the rent repayment order and not so far recovered by them.

Any amount payable to an occupier by virtue of a rent repayment order is recoverable by the occupier as a debt due to him from the appropriate person.

The appropriate national authority may by regulations make such provision as it considers appropriate for supplementing the provisions of this section and section 96, and in particular—

Section 96(10) and (11) apply for the purposes of this section as they apply for the purposes of section 96.

No section 21 notice may be given in relation to a shorthold tenancy of the whole or part of an unlicensed house so long as it remains such a house.

In this section—a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (c. 50) (recovery of possession on termination of shorthold tenancy); a “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of that Act;“unlicensed house” has the same meaning as in section 96 of this Act.

No section 173 notice, no section 186 notice, no paragraph 25B of Schedule 12 notice and no section 194 notice may be given in relation to a standard contract of the whole or part of an unlicensed house as long as it remains such a house.

In this section—“2016 Act” means the Renting Homes (Wales) Act 2016 (anaw 1);“paragraph 25B of Schedule 12 notice” means a notice under paragraph 25B of Schedule 12 to the 2016 Act (termination of contract by landlord);“section 173 notice” means a notice under section 173 of the 2016 Act (landlord’s notice);“section 186 notice” means a notice under section 186 of the 2016 Act (landlord’s notice in connection with end of term of contract within Schedule 9B);“section 194 notice” means a notice under section 194 of the 2016 Act (landlord’s break clause);“standard contract” has the same meaning as in the 2016 Act (see section 8 of the 2016 Act);“unlicensed house” has the same meaning as in section 96 of this Act.

This Chapter deals with the making by a local housing authority of—in respect of an HMO or a Part 3 house or property let in breach of a banning order under section 16 of the Housing and Planning Act 2016.

Section 103 deals with the making of an interim management order in respect of a house to which that section applies.

An interim management order is an order (expiring not more than 12 months after it is made) which is made for the purpose of securing that the following steps are taken in relation to the house—

A final management order is an order (expiring not more than 5 years after it is made) which is made for the purpose of securing the proper management of the house on a long-term basis in accordance with a management scheme contained in the order.

In this Chapter any reference to “the house”, in relation to an interim or final management order (other than an order under section 102(7) or (7A)), is a reference to the HMO or Part 3 house to which the order relates.

Subsection (5) has effect subject to sections 102(8) and 113(7) (exclusion of part occupied by resident landlord).

In this Chapter any reference to “the house”, in relation to an interim or final management order that relates to property let in breach of a banning order under section 16 of the Housing and Planning Act 2016, means the property let in breach of that order.

In this Chapter any reference to property that is let in breach of a banning order under section 16 of the Housing and Planning Act 2016 includes property in respect of which a breach is (or would be) caused by a licence to occupy.

When determining for the purposes of this Chapter whether property is let in breach of a banning order disregard any exception included in the banning order in reliance on section 17 of the Housing and Planning Act 2016.

In this Chapter “third party”, in relation to a house, means any person who has an estate or interest in the house (other than an immediate landlord and any person who is a tenant under a lease granted under section 107(3)(c) or 116(3)(c)).

A local housing authority—

The authority must make an interim management order in respect of a house if—

The authority must make an interim management order in respect of a house if—

The authority may make an interim management order in respect of a house if—and the authority may make such an order despite any pending appeal against the order of the tribunal (but this is without prejudice to any order that may be made on the disposal of any such appeal).

The tribunal may only authorise the authority to make an interim management order under subsection (4) if it considers that the health and safety condition is satisfied (see section 104).

In determining whether to authorise the authority to make an interim management order in respect of an HMO under subsection (4), the tribunal must have regard to the extent to which any applicable code of practice approved under section 233 has been complied with in respect of the HMO in the past.

The authority may make an interim management order in respect of a house if—and the authority may make such an order despite any pending appeal against the order of the tribunal (but this is without prejudice to any order that may be made on the disposal of any such appeal). Subsections (2) to (6) of section 103 apply in relation to the power of the appropriate tribunal to authorise the making of an interim management order under this subsection.

The authority may make an interim management order in respect of any property let in breach of a banning order under section 16 of the Housing and Planning Act 2016.

The authority may make an interim management order which is expressed not to apply to a part of the house that is occupied by a person who has an estate or interest in the whole of the house. In relation to such an order, a reference in this Chapter to “the house” does not include the part so excluded (unless the context requires otherwise, such as where the reference is to the house as an HMO or a Part 3 house).

Nothing in this section requires or authorises the making of an interim management order under subsection (2), (3), (4) or (7) in respect of a house if—

In subsection (9) “relevant function” means the function of—

This section applies to a house if the whole of it is occupied either—