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Housing Bill


Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 1 — Procedure relating to grant or refusal of licences

160

 

6          

The notice under paragraph 5 must state that the local housing authority are

proposing to refuse to grant the licence and set out—

(a)   

the reasons for refusing to grant the licence, and

(b)   

the end of the consultation period.

Requirements following grant or refusal of licence

5

7     (1)  

This paragraph applies where the local housing authority decide to grant a

licence.

      (2)  

The local housing authority must serve on the applicant for the licence (and,

if different, the licence holder) and each relevant person—

(a)   

a copy of the licence, and

10

(b)   

a notice setting out—

(i)   

the reasons for deciding to grant the licence and the date on

which the decision was made,

(ii)   

the right of appeal against the decision under Part 3 of this

Schedule, and

15

(iii)   

the period within which an appeal may be made (see

paragraph 33(1)).

      (3)  

The documents required to be served under sub-paragraph (2) must be

served within the period of seven days beginning with the day on which the

decision is made.

20

8     (1)  

This paragraph applies where the local housing authority refuse to grant a

licence.

      (2)  

The local housing authority must serve on the applicant for the licence and

each relevant person a notice setting out—

(a)   

the authority’s decision not to grant the licence,

25

(b)   

the reasons for the decision and the date on which it was made,

(c)   

the right of appeal against the decision under Part 3 of this Schedule,

and

(d)   

the period within which an appeal may be made (see paragraph

33(1)).

30

      (3)  

The notices required to be served under sub-paragraph (2) must be served

within the period of seven days beginning with the day on which the

decision is made.

Exceptions from requirements in relation to grant or refusal of licences

9          

The requirements of paragraph 3 (and those of paragraph 1) do not apply if

35

the local housing authority—

(a)   

have already served a notice under paragraph 1 but not paragraph 3

in relation to the proposed licence, and

(b)   

consider that the modifications which are now being proposed are

not material in any respect.

40

10         

The requirements of paragraph 3 (and those of paragraph 1) do not apply if

the local housing authority—

(a)   

have already served notices under paragraphs 1 and 3 in relation to

the matter concerned, and

 

 

Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 2 — Procedure relating to variation or revocation of licences

161

 

(b)   

consider that the further modifications which are now being

proposed do not differ in any material respect from the

modifications in relation to which a notice was last served under

paragraph 3.

11         

Paragraphs 5, 6 and 8 do not apply to a refusal to grant a licence on particular

5

terms if the local housing authority are proposing to grant the licence on

different terms.

Meaning of “the end of the consultation period”

12    (1)  

In this Part of this Schedule “the end of the consultation period” means the

last day for making representations in respect of the matter in question.

10

      (2)  

The end of the consultation period must be—

(a)   

in the case of a notice under paragraph 1 or 5, a day which is at least

14 days after the date of service of the notice; and

(b)   

in the case of a notice under paragraph 3, a day which is at least 7

days after the date of service of the notice.

15

      (3)  

In sub-paragraph (2) “the date of service” of a notice means, in a case where

more than one notice is served, the date on which the last of the notices is

served.

Meaning of “licence” and “relevant person”

13    (1)  

In this Part of this Schedule “licence” means a licence under Part 2 or 3 of this

20

Act.

      (2)  

In this Part of this Schedule “relevant person”, in relation to a licence under

Part 2 or 3 of this Act, means any person (other than a person excluded by

sub-paragraph (3))—

(a)   

who, to the knowledge of the local housing authority concerned, is—

25

(i)   

a person having an estate or interest in the HMO or Part 3

house in question, or

(ii)   

a person managing or having control of that HMO or Part 3

house (and not falling within sub-paragraph (i)), or

(b)   

on whom any restriction or obligation is or is to be imposed by the

30

licence in accordance with section 56(5) or 77(5).

      (3)  

The persons excluded by this sub-paragraph are—

(a)   

the applicant for the licence and (if different) the licence holder, and

(b)   

any tenant under a lease with an unexpired term of 3 years or less.

Part 2

35

Procedure relating to variation or revocation of licences

Variation of licences

14         

Before varying a licence, the local housing authority must—

(a)   

serve a notice under this paragraph on the licence holder and each

relevant person, and

40

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

 

 

Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 2 — Procedure relating to variation or revocation of licences

162

 

15         

The notice under paragraph 14 must state that the local housing authority

are proposing to make the variation and set out—

(a)   

the effect of the variation,

(b)   

the reasons for the variation, and

(c)   

the end of the consultation period.

5

16    (1)  

This paragraph applies where the local housing authority decide to vary a

licence.

      (2)  

The local housing authority must serve on the licence holder and each

relevant person—

(a)   

a copy of the authority’s decision to vary the licence, and

10

(b)   

a notice setting out—

(i)   

the reasons for the decision and the date on which it was

made,

(ii)   

the right of appeal against the decision under Part 3 of this

Schedule, and

15

(iii)   

the period within which an appeal may be made (see

paragraph 33(2)).

      (3)  

The documents required to be served under sub-paragraph (2) must be

served within the period of seven days beginning with the day on which the

decision is made.

20

Exceptions from requirements of paragraph 14

17         

The requirements of paragraph 14 do not apply if—

(a)   

the local housing authority consider that the variation is not material,

or

(b)   

the variation is agreed by the licence holder and the local housing

25

authority consider that it would not be appropriate to comply with

the requirements of that paragraph.

18         

The requirements of paragraph 14 do not apply if the local housing

authority—

(a)   

have already served a notice under that paragraph in relation to a

30

proposed variation, and

(b)   

consider that the variation which is now being proposed is not

materially different from the previous proposed variation.

Refusal to vary a licence

19         

Before refusing to vary a licence, the local housing authority must—

35

(a)   

serve a notice under this paragraph on the licence holder and each

relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

20         

The notice under paragraph 19 must state that the authority are proposing

40

to refuse to vary the licence and set out—

(a)   

the reasons for refusing to vary the licence, and

(b)   

the end of the consultation period.

 

 

Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 2 — Procedure relating to variation or revocation of licences

163

 

21    (1)  

This paragraph applies where the local housing authority refuse to vary a

licence.

      (2)  

The authority must serve on the licence holder and each relevant person a

notice setting out—

(a)   

the authority’s decision not to vary the licence,

5

(b)   

the reasons for the decision and the date on which it was made,

(c)   

the right of appeal against the decision under Part 3 of this Schedule,

and

(d)   

the period within which an appeal may be made (see paragraph

33(2)).

10

      (3)  

The documents required to be served under sub-paragraph (2) must be

served within the period of seven days beginning with the day on which the

decision is made.

Revocation of licences

22         

Before revoking a licence, the local housing authority must—

15

(a)   

serve a notice on the licence holder under this paragraph and each

relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

23         

The notice under paragraph 22 must state that the authority are proposing

20

to revoke the licence and set out—

(a)   

the reasons for the revocation, and

(b)   

the end of the consultation period.

24    (1)  

This paragraph applies where the local housing authority decide to revoke

a licence.

25

      (2)  

The authority must serve on the licence holder and each relevant person—

(a)   

a copy of the authority’s decision to revoke the licence, and

(b)   

a notice setting out—

(i)   

the reasons for the decision and the date on which it was

made,

30

(ii)   

the right of appeal against the decision under Part 3 of this

Schedule, and

(iii)   

the period within which an appeal may be made (see

paragraph 33(2)).

      (3)  

The documents required to be served under sub-paragraph (2) must be

35

served within the period of seven days beginning with the day on which the

decision is made.

Exception from requirements of paragraph 22

25         

The requirements of paragraph 22 do not apply if the revocation is agreed

by the licence holder and the local housing authority consider that it would

40

not be appropriate to comply with the requirements of that paragraph.

Refusal to revoke a licence

26         

Before refusing to revoke a licence, the local housing authority must—

 

 

Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 2 — Procedure relating to variation or revocation of licences

164

 

(a)   

serve a notice under this paragraph on the licence holder and each

relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

27         

The notice under paragraph 26 must state that the authority are proposing

5

to refuse to revoke the licence and set out—

(a)   

the reasons for refusing to revoke the licence, and

(b)   

the end of the consultation period.

28    (1)  

This paragraph applies where the local housing authority refuse to revoke a

licence.

10

      (2)  

The authority must serve on the licence holder and each relevant person a

notice setting out—

(a)   

the authority’s decision not to revoke the licence,

(b)   

the reasons for the decision and the date on which it was made,

(c)   

the right of appeal against the decision under Part 3 of this Schedule,

15

and

(d)   

the period within which an appeal may be made (see paragraph

33(2)).

      (3)  

The notices required to be served under sub-paragraph (2) must be served

within the period of seven days beginning with the day on which the

20

decision is made.

Meaning of “the end of the consultation period”

29    (1)  

In this Part of this Schedule “the end of the consultation period” means the

last day on which representations may be made in respect of the matter in

question.

25

      (2)  

That date must be at least 14 days after the date of service of the notice in

question.

      (3)  

In sub-paragraph (2) “the date of service” of a notice means, in a case where

more than one notice is served, the date on which the last of the notices is

served.

30

Meaning of “licence” and “relevant person”

30    (1)  

In this Part of this Schedule “licence” means a licence under Part 2 or 3 of this

Act.

      (2)  

In this Part of this Schedule “relevant person”, in relation to a licence under

Part 2 or 3 of this Act, means any person (other than a person excluded by

35

sub-paragraph (3))—

(a)   

who, to the knowledge of the local housing authority concerned, is—

(i)   

a person having an estate or interest in the HMO or Part 3

house in question, or

(ii)   

a person managing or having control of that HMO or Part 3

40

house (and not falling within sub-paragraph (i)), or

(b)   

on whom any restriction or obligation is or is to be imposed by the

licence in accordance with section 56(5) or 77(5).

      (3)  

The persons excluded by this sub-paragraph are—

(a)   

the licence holder, and

45

 

 

Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 3 — Appeals against licence decisions

165

 

(b)   

any tenant under a lease with an unexpired term of 3 years or less.

Part 3

Appeals against licence decisions

Right to appeal against refusal or grant of licence

31    (1)  

The applicant or any relevant person may appeal to a county court against a

5

decision by the local housing authority on an application for a licence—

(a)   

to refuse to grant the licence, or

(b)   

to grant the licence.

      (2)  

An appeal under sub-paragraph (1)(b) may, in particular, relate to any of the

terms of the licence.

10

Right to appeal against decision or refusal to vary or revoke licence

32    (1)  

The licence holder or any relevant person may appeal to a county court

against a decision by the local housing authority—

(a)   

to vary or revoke a licence, or

(b)   

to refuse to vary or revoke a licence.

15

      (2)  

But this does not apply to the licence holder in a case where the decision to

vary or revoke the licence was made with his agreement.

Time limits for appeals

33    (1)  

Any appeal under paragraph 31 against a decision to grant, or (as the case

may be) to refuse to grant, a licence must be made within the period of 28

20

days beginning with the date specified in the notice under paragraph 7 or 8

as the date on which the decision was made.

      (2)  

Any appeal under paragraph 32 against a decision to vary or revoke, or (as

the case may be) to refuse to vary or revoke, a licence must be made within

the period of 28 days beginning with the date specified in the notice under

25

paragraph 16, 21, 24 or 28 as the date on which the decision was made.

      (3)  

The court may allow a person to make an appeal after the end of the period

mentioned in sub-paragraph (1) or (2) if it is satisfied—

(a)   

where permission is sought before the end of that period, that there

is a good reason why that person is unable to make the appeal in

30

time;

(b)   

where permission is sought after that time, that there was a good

reason for that person’s failure to make the appeal in time and for

any delay in applying for permission.

Powers of court hearing appeal

35

34    (1)  

This paragraph applies to appeals to a county court under paragraph 31 or

32.

      (2)  

An appeal—

(a)   

is to be by way of a re-hearing, but

(b)   

may be determined having regard to matters of which the authority

40

were unaware.

 

 

Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 3 — Appeals against licence decisions

166

 

           

Paragraph (a) applies despite any provision of Civil Procedure Rules.

      (3)  

The court may confirm, reverse or vary the decision of the local housing

authority.

      (4)  

On an appeal under paragraph 31 the court may direct the authority to grant

a licence to the applicant for the licence on such terms as the court may

5

direct.

“The operative time” for the purposes of section 58(6), 59(8), 79(3) or 80(5)

35    (1)  

This paragraph defines “the operative time” for the purposes of—

(a)   

section 58(6) or 59(8) (variation or revocation of licence under Part 2

of this Act, or

10

(b)   

section 79(3) or 80(5) (variation or revocation of licence under Part 3

of this Act.

      (2)  

If the period of 28 days mentioned in paragraph 33(2) has expired without

an appeal having been made under paragraph 32, “the operative time” is the

end of that period.

15

      (3)  

If an appeal is made under paragraph 32 within that period and a decision

is given on the appeal which confirms the variation or revocation, “the

operative time” is as follows—

(a)   

if the period within which an appeal to the Court of Appeal may be

brought expires without such an appeal having been brought, “the

20

operative time” is the end of that period;

(b)   

if an appeal to the Court of Appeal is brought, “the operative time”

is the time when a decision is given on the appeal which confirms the

variation or revocation.

      (4)  

For the purposes of sub-paragraph (3)—

25

(a)   

the withdrawal of an appeal has the same effect as a decision

confirming the variation or revocation appealed against; and

(b)   

references to a decision which confirms a variation are to a decision

which confirms it with or without variation.

Meaning of “licence” and “relevant person”

30

36    (1)  

In this Part of this Schedule “licence” means a licence under Part 2 or 3 of this

Act.

      (2)  

In this Part of this Schedule “relevant person”, in relation to a licence under

Part 2 or 3 of this Act, means any person (other than a person excluded by

sub-paragraph (3))—

35

(a)   

who is—

(i)   

a person having an estate or interest in the HMO or Part 3

house concerned, or

(ii)   

a person managing or having control of that HMO or Part 3

house (and not falling within sub-paragraph (i)), or

40

(b)   

on whom any restriction or obligation is or is to be imposed by the

licence in accordance with section 56(5) or 77(5).

      (3)  

The persons excluded by this sub-paragraph are—

(a)   

the applicant for the licence and (if different) the licence holder, and

(b)   

any tenant under a lease with an unexpired term of 3 years or less.

45

 

 

 
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Revised 8 December 2003