Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Part 1 — Housing conditions
Chapter 4 — General provisions relating to enforcement action
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(7)
The charge takes effect when the demand becomes operative.
(8)
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.
5
(9)
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.
(10)
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
10
under section 40.
Repeal
42
Repeal of power to improve existing enforcement procedures
Omit section 86 of the Housing Grants, Construction and Regeneration Act
1996 (c. 53) (power to improve existing enforcement procedures in relation to
15
unfitness for human habitation etc.).
Index
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Index of defined expressions: Part 1
The following table shows where expressions used in this Part are defined or
otherwise explained.
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Expression
Provision of this Act

Appropriate national authority
Section 196(1)

Building containing one or more flats
Section 1(5)

Category 1 hazard
Section 2(1)

Category 2 hazard
Section 2(1)

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Common parts
Section 1(5)

Compliance with improvement notice
Section 28(2)

District of local housing authority
Section 196(6)

Dwelling
Section 1(5), (6)

External common parts
Section 1(5)

30

Flat
Section 1(5) to (7)

Hazard
Section 2(1)

Hazard awareness notice
Section 26(2) or 27(2)

Housing Bill
Part 2 — Licensing of houses in multiple occupation
28

Expression
Provision of this Act

Health
Section 2(5)

HMO
Section 1(5), (6) (and

see also section 1(8))

Improvement notice
Section 9(2) or 10(2)

5

Lease, lessee etc.
Section 197(1) to (4)

Local housing authority
Section 196(2) to (5)

Occupier (and related expressions)
Section 197(6)

Owner
Section 197(7)

Person having control
Section 198(1) and (2)

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Person managing
Section 198(3) and (4)

Prohibition order
Section 18(2) or 19(2)

Remedial action
Section 9(8)

Residential premises
Section 1(4)

Specified premises, in relation to an
Section 11(5)

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improvement notice

Specified premises, in relation to a
Section 20(10)

prohibition order

Tenancy, tenant
Section 197(1) to (5)

Unoccupied HMO accommodation
Section 1(5) (and see

20

also section 1(8))

Part 2
Licensing of houses in multiple occupation
Introductory
44
Licensing of HMOs to which this Part applies
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(1)
This Part provides for HMOs to be licensed by local housing authorities
where—
(a)
they are HMOs to which this Part applies (see subsection (2)), and
(b)
they are required to be licensed under this Part (see section 50(1)).
(2)
This Part applies to the following HMOs in the case of each local housing
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authority—
(a)
any HMO in the authority’s district which falls within any prescribed
description of HMO, and

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Part 2 — Licensing of houses in multiple occupation
29

(b)
if an area is for the time being designated by the authority under section
45 as subject to additional licensing, any HMO in that area which falls
within any description of HMO specified in the designation.
(3)
The appropriate national authority may by order prescribe descriptions of
HMOs for the purposes of subsection (2)(a).
5
(4)
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.
(5)
Every local housing authority have the following general duties—
(a)
to make such arrangements as are necessary to secure the effective
implementation in their district of the licensing regime provided for by
10
this Part;
(b)
to ensure that all applications for licences and other issues falling to be
determined by them under this Part are determined within a
reasonable time; and
(c)
to satisfy themselves, as soon as is reasonably practicable, that there are
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no Part 1 functions that ought to be exercised by them in relation to the
premises in respect of which such applications are made.
(6)
For the purposes of subsection (5)(c)—
(a)
“Part 1 function” means any duty under section 5 to take any course of
action to which that section applies or any power to take any course of
20
action to which section 7 applies; and
(b)
the authority may take such steps as they consider appropriate
(whether or not involving an inspection) to comply with their duty
under subsection (5)(c) in relation to each of the premises in question,
but they must in any event comply with it within the period of 5 years
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beginning with the date of the application for a licence.
Designation of additional licensing areas
45
Designation of areas subject to additional licensing
(1)
A local housing authority may designate either—
(a)
the area of their district, or
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(b)
an area in their district,

as subject to additional licensing in relation to a description of HMOs specified
in the designation, if the requirements of this section are met.
(2)
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
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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.
(3)
Before making a designation the authority must—
(a)
take reasonable steps to consult persons who are likely to be affected by
the designation; and
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(b)
consider any representations made in accordance with the consultation
and not withdrawn.
(4)
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.

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Part 2 — Licensing of houses in multiple occupation
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(5)
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 171 have been complied with by
persons managing HMOs in the area in question.
(6)
Section 46 applies for the purposes of this section.
5
46
Designations under section 45: further considerations
(1)
This section applies to the power of a local housing authority to make
designations under section 45.
(2)
The authority must ensure that any exercise of the power is consistent with the
authority’s overall housing strategy.
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(3)
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—
(a)
as regards combining licensing under this Part with other courses of
action available to them, and
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(b)
as regards combining such licensing with measures taken by other
persons.
(4)
The authority must not make a particular designation under section 45
unless—
(a)
they have considered whether there are any other courses of action
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available to them (of whatever nature) that might provide an effective
method of dealing with the problem or problems in question, and
(b)
they consider that making the designation will significantly assist them
to deal with the problem or problems (whether or not they take any
other course of action as well).
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(5)
In this Act “anti-social behaviour” means conduct on the part of occupiers of,
or visitors to, residential premises—
(a)
which causes or is likely to cause a nuisance or annoyance to persons
residing, visiting or otherwise engaged in lawful activities in the
locality of such premises, or
30
(b)
which involves or is likely to involve the use of such premises for illegal
purposes.
47
Designation needs confirmation or general approval to be effective
(1)
A designation of an area as subject to additional licensing cannot come into
force unless—
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(a)
it has been confirmed by the appropriate national authority; or
(b)
it falls within a description of designations in relation to which that
authority has given a general approval in accordance with subsection
(6).
(2)
The appropriate national authority may either confirm, or refuse to confirm, a
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designation as it considers appropriate.
(3)
If the appropriate national authority confirms a designation, the designation
comes into force on the date specified for this purpose by that authority.

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(4)
That date must be no earlier than three months after the date on which the
designation is confirmed.
(5)
A general approval may be given in relation to a description of designations
framed by reference to any matters or circumstances.
(6)
Accordingly a general approval may (in particular) be given in relation to—
5
(a)
designations made by a specified local housing authority;
(b)
designations made by a local housing authority falling within a
specified description of such authorities;
(c)
designations relating to HMOs of a specified description.
“Specified” means specified by the appropriate national authority in the
10
approval.
(7)
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.
(8)
That date must be no earlier than three months after the date on which the
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designation is made.
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Notification requirements relating to designations
(1)
This section applies to a designation—
(a)
when it is confirmed under section 47, or
(b)
(if it is not required to be so confirmed) when it is made by the local
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housing authority.
(2)
As soon as the designation is confirmed or made, the authority must publish in
the prescribed manner a notice stating—
(a)
that the designation has been made,
(b)
whether or not the designation was required to be confirmed and either
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that it has been confirmed or that a general approval under section 47
applied to it (giving details of the approval in question),
(c)
the date on which the designation is to come into force, and
(d)
any other information which may be prescribed.
(3)
After publication of a notice under subsection (1), and for as long as the
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designation is in force, the local housing authority must make available to the
public in accordance with any prescribed requirements—
(a)
copies of the designation, and
(b)
such information relating to the designation as is prescribed.
(4)
In this section “prescribed” means prescribed by regulations made by the
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appropriate national authority.
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Duration, review and revocation of designations
(1)
Unless previously revoked under subsection (4), a designation ceases to have
effect at the time that is specified for this purpose in the designation.
(2)
That time must be no later than five years after the date on which the
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designation comes into force.
(3)
A local housing authority must from time to time review the operation of any
designation made by them.

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Part 2 — Licensing of houses in multiple occupation
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(4)
If following a review they consider it appropriate to do so, the authority may
revoke the designation.
(5)
If they do revoke the designation, the designation ceases to have effect at the
time that is specified by the authority for this purpose.
(6)
On revoking a designation the authority must publish notice of the revocation
5
in such manner as is prescribed by regulations made by the appropriate
national authority.
HMOs required to be licensed
50
Requirement for HMOs to be licensed
(1)
Every HMO to which this Part applies must be licensed under this Part
10
unless—
(a)
a temporary exemption notice is in force in relation to it under section
51, or
(b)
an interim or final management order is in force in relation to it under
Part 4.
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(2)
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.
(3)
Sections 52 to 56 deal with applications for licences, the granting or refusal of
licences and the imposition of licence conditions.
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(4)
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.
(5)
The appropriate national authority may by regulations provide for—
(a)
any provision of this Part, or
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(b)
section 198(1) or (2) (in its operation for the purposes of any such
provision),
to have effect in relation to a section 193 HMO with such modifications as are
prescribed by the regulations.
A “section 193 HMO” is an HMO which is a converted block of flats to which
30
section 193 applies.
(6)
In this Part (unless the context otherwise requires)—
(a)
references to a licence are to a licence under this Part,
(b)
references to a licence holder are to be read accordingly, and
(c)
references to an HMO being (or not being) licensed under this Part are
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to its being (or not being) an HMO in respect of which a licence is in
force under this Part.
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Temporary exemption from licensing requirement
(1)
This section applies where a person having control of or managing an HMO
which is required to be licensed under this Part (see section 50(1)) but is not so
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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.

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Part 2 — Licensing of houses in multiple occupation
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(2)
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.
(3)
If a temporary exemption notice is served under this section, the house is (in
accordance with sections 50(1) and 72(1)) not required to be licensed either
under this Part or under Part 3 during the period for which the notice is in
5
force.
(4)
A temporary exemption notice under this section is in force—
(a)
for the period of 3 months beginning with the date on which it is
served, or
(b)
(in the case of a notice served by virtue of subsection (5)) for the period
10
of 3 months after the date when the first notice ceases to be in force.
(5)
If the authority—
(a)
receive a further notification under subsection (1), and
(b)
consider that there are exceptional circumstances that justify the service
of a second temporary exemption notice in respect of the house that
15
would take effect from the end of the period of 3 months applying to
the first notice,

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).
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(6)
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—
(a)
the decision,
(b)
the reasons for it and the date on which it was made,
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(c)
the right to appeal against the decision under subsection (7), and
(d)
the period within which an appeal may be made under that subsection.
(7)
The person concerned may appeal to a county court 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.
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(8)
Such 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
were unaware.

Paragraph (a) applies despite any provision of Civil Procedure Rules.
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(9)
The court—
(a)
may confirm or reverse the decision of the authority, and
(b)
if it reverses the decision, must direct the authority to serve a temporary
exemption notice that comes into force on such date as the court directs.
Grant or refusal of licences
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52
Applications for licences
(1)
An application for a licence must be made to the local housing authority.
(2)
The application must be made in accordance with such requirements as the
authority may specify.