|
| |
|
(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 |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
(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 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 |
| |
(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— |
| |
| 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. |
| |
|
| |
|
| |
|
| |
(a) | is to be by way of a re-hearing, but |
| |
(b) | may be determined having regard to matters of which the authority |
| |
| |
| Paragraph (a) applies despite any provision of Civil Procedure Rules. |
| 5 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(2) | If the authority are satisfied as to the matters mentioned in subsection (3), they |
| |
may grant a licence either— |
| |
| |
(b) | to some other person, if both he and the applicant agree. |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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. |
| |
| 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 |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|