Housing Bill

House of Commons

Session 2003 - 04
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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.