House of Commons portcullis
House of Commons
Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill


Housing Bill
Part 3 — Selective licensing of other residential accommodation

48

 

(4)   

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.

(5)   

In this Part, unless the context otherwise requires—

(a)   

references to a Part 3 house are to a house to which this Part applies (see

5

section 66(2)),

(b)   

references to a licence are to a licence under this Part,

(c)   

references to a licence holder are to be read accordingly, and

(d)   

references to a house being (or not being) licensed under this Part are

to its being (or not being) a house in respect of which a licence is in force

10

under this Part.

73      

Temporary exemption from licensing requirement

(1)   

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 72(1)) but is

not so licensed, notifies the local housing authority of his intention to take

15

particular steps with a view to securing that the house is no longer required to

be licensed.

(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

20

accordance with section 72(1)) not required to be licensed under this Part

during the period for which the notice is in 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

25

(b)   

(in the case of a notice served by virtue of subsection (5)) for the period

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

30

of a second temporary exemption notice in respect of the house that

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

35

subsection).

(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,

40

(b)   

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

(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

45

the date on which it was made.

 

 

Housing Bill
Part 3 — Selective licensing of other residential accommodation

49

 

(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.

5

(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 issue a temporary

exemption notice with effect from such date as the court directs.

Grant or refusal of licences

10

74      

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.

(3)   

The authority may, in particular, require the application to be accompanied by

15

a fee fixed by the authority.

(4)   

The power of the authority to specify requirements under this section is subject

to any regulations made under subsection (5).

(5)   

The appropriate national authority may by regulations make provision about

the making of applications under this section.

20

(6)   

Such regulations may, in particular—

(a)   

specify the manner and form in which applications are to be made;

(b)   

require the applicant to give copies of the application, or information

about it, to particular persons;

(c)   

specify the information which is to be supplied in connection with

25

applications;

(d)   

specify the maximum fees which may be charged (whether by

specifying amounts or methods for calculating amounts);

(e)   

specify cases in which no fees are to be charged or fees are to be

refunded.

30

(7)   

When fixing fees under this section, the local housing authority may (subject to

any regulations made under subsection (5)) take into account—

(a)   

all costs incurred by the authority in carrying out their functions under

this Part, and

(b)   

all costs incurred by them in carrying out their functions under Part 4

35

in relation to Part 3 houses (so far as they are not recoverable under or

by virtue of any provision of that Part).

75      

Grant or refusal of licence

(1)   

Where an application in respect of a house is made to the local housing

authority under section 74, the authority may either—

40

(a)   

grant a licence in accordance with subsection (2), or

(b)   

refuse to grant a licence.

 

 

Housing Bill
Part 3 — Selective licensing of other residential accommodation

50

 

(2)   

If the authority are satisfied as to the matters mentioned in subsection (3), they

may grant a licence either—

(a)   

to the applicant, or

(b)   

to some other person, if both he and the applicant agree.

(3)   

The matters are—

5

(a)   

that the proposed licence holder—

(i)   

is a fit and proper person to be the licence holder, and

(ii)   

is, out of all the persons reasonably available to be the licence

holder in respect of the house, the most appropriate person to

be the licence holder;

10

(b)   

that the proposed manager of the house is either—

(i)   

the person having control of the house, or

(ii)   

a person who is an agent or employee of the person having

control of the house;

(c)   

that the proposed manager of the house is a fit and proper person to be

15

the manager of the house; and

(d)   

that the proposed management arrangements for the house are

otherwise satisfactory.

(4)   

Section 76 applies for the purposes of this section.

76      

Tests for fitness etc. and satisfactory management arrangements

20

(1)   

In deciding for the purposes of section 75(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).

(2)   

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

25

(a)   

committed any offence involving fraud or other dishonesty, or violence

or drugs;

(b)   

practised unlawful discrimination on grounds of sex, colour, race,

ethnic or national origins or disability in, or in connection with, the

carrying on of any business; or

30

(c)   

contravened any provision of the law relating to housing or of landlord

and tenant law.

(3)   

Evidence is within this subsection if—

(a)   

it shows that any person associated or formerly associated with P

(whether on a personal, work or other basis) has done any of the things

35

set out in subsection (2)(a) to (c), and

(b)   

it appears to the authority that the evidence is relevant to the question

whether P is a fit and proper person to be the licence holder or (as the

case may be) the manager of the house.

(4)   

For the purposes of section 75(3)(a) the local housing authority must assume,

40

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.

(5)   

In deciding for the purposes of section 75(3)(d) whether the proposed

management arrangements for the house are otherwise satisfactory, the local

45

 

 

Housing Bill
Part 3 — Selective licensing of other residential accommodation

51

 

housing authority must have regard (among other things) to the considerations

mentioned in subsection (6).

(6)   

The considerations are—

(a)   

whether any person proposed to be involved in the management of the

house has a sufficient level of competence to be so involved;

5

(b)   

whether any person proposed to be involved in the management of the

house (other than the manager) is a fit and proper person to be so

involved; and

(c)   

whether any proposed management structures and funding

arrangements are suitable.

10

(7)   

Any reference in section 75(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.

15

77      

Licence conditions

(1)   

A licence may include such conditions as the local housing authority consider

appropriate for regulating all or any of the following—

(a)   

the management, use and occupation of the house concerned, and

(b)   

its condition and contents.

20

(2)   

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

circumstances)—

(a)   

conditions imposing restrictions or prohibitions on the use or

occupation of particular parts of the house by persons occupying it;

(b)   

conditions requiring steps to be taken with a view to controlling

25

relating to the behaviour of persons occupying or visiting the house;

(c)   

conditions requiring facilities and equipment to be made available in

the house for the purpose of meeting standards prescribed for the

purposes of this section by regulations made by the appropriate

national authority;

30

(d)   

conditions requiring such facilities and equipment to be kept in repair

and proper working order;

(e)   

conditions requiring, in the case of any works needed in order for any

such facilities or equipment to be made available or to meet any such

standards, that the works are carried out within such period or periods

35

as may be specified in, or determined under, the licence.

(3)   

A licence must include the conditions required by Schedule 4

(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”)—

40

(a)   

the authority must proceed on the basis that, in general, they should

seek to identify, remove or reduce category 1 or category 2 hazards in

the house by the exercise of Part 1 functions and not by means of licence

conditions;

(b)   

this does not, however, prevent the authority from imposing licence

45

conditions relating to the installation or maintenance of facilities or

equipment within subsection (2)(c) above, even if the same result could

be achieved by the exercise of Part 1 functions;

 

 

Housing Bill
Part 3 — Selective licensing of other residential accommodation

52

 

(c)   

the fact that licence conditions are imposed for a particular purpose

that could be achieved by the exercise of Part 1 functions does not affect

the way in which Part 1 functions can be subsequently exercised by the

authority.

(5)   

A licence may not include conditions imposing restrictions or obligations on a

5

particular person other than the licence holder unless that person has

consented to the imposition of the restrictions or obligations.

(6)   

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.

10

78      

Licences: general requirements and duration

(1)   

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

(2)   

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.

(3)   

A licence—

15

(a)   

comes into force at the time that is specified in or determined under the

licence for this purpose, and

(b)   

unless previously previously terminated by subsection (7) or revoked

under section 80, continues in force for the period that is so specified or

determined.

20

(4)   

That period must not end more than 5 years after—

(a)   

the date on which the licence was granted, or

(b)   

if the licence was granted as mentioned in subsection (2), the date when

the licence comes into force.

(5)   

Subsection (3)(b) applies even if, at any time during that period, the house

25

concerned subsequently ceases to be a Part 3 house.

(6)   

A licence may not be transferred to another person.

(7)   

If the holder of the licence dies while the licence is in force, the licence ceases

to be in force on his death.

(8)   

However, during the period of 3 months beginning with the date of the licence

30

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 73.

(9)   

If, at any time during that period (“the initial period”), the personal

representatives of the licence holder request the local housing authority to do

35

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 73.

(10)   

Subsections (6) to (8) of section 73 apply (with any necessary modifications) in

relation to a decision by the authority not to serve such a notice as they apply

40

in relation to a decision not to serve a temporary exemption notice.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 8 December 2003