Housing Bill

House of Commons

Session 2003 - 04
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Housing Bill

Housing Bill
Part 4 — Additional control provisions in relation to residential accommodation
80

112
Management orders: power of entry to carry out work
(1)
The right mentioned in subsection (2) is exercisable by the local housing
authority, or any person authorised in writing by them, at any time when an
interim or final management order is in force.
(2)
That right is the right at all reasonable times to enter any part of the house for
5
the purpose of carrying out works, and is exercisable as against any person
having an estate or interest in the house.
(3)
Where part of a house is excluded from the provisions of an interim or final
management order under section 87(8) or 97(7), the right conferred by
subsection (1) is exercisable as respects that part so far as is reasonably required
10
for the purpose of carrying out works in the part of the house which is subject
to the order.
(4)
If, after receiving reasonable notice of the intended action, any occupier of the
whole or part of the house prevents any officer, employee, agent or contractor
of the local housing authority from carrying out work in the house, a
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magistrates’ court may order him to permit to be done on the premises
anything which the authority consider to be necessary.
(5)
A person who fails to comply with an order of the court under subsection (4)
commits an offence.
(6)
A person who commits an offence under subsection (5) is liable on summary
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conviction to a fine not exceeding level 5 on the standard scale.
Overcrowding notices
113
Service of overcrowding notices
(1)
This section applies to any HMO—
(a)
in relation to which no interim or final management order is in force;
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and
(b)
which is not required to be licensed under Part 2.
(2)
The local housing authority may serve an overcrowding notice on one or more
relevant persons if, having regard to the rooms available, it considers that an
excessive number of persons is being, or is likely to be, accommodated in the
30
HMO concerned.
(3)
The authority must, at least 7 days before serving an overcrowding notice—
(a)
inform in writing every relevant person (whether or not the person on
whom the authority is to serve the notice) of their intention to serve the
notice; and
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(b)
ensure that, so far as is reasonably possible, every occupier of the HMO
concerned is informed of the authority’s intention.
(4)
The authority must also give the persons informed under subsection (3) an
opportunity of making representations about the proposal to serve an
overcrowding notice.
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(5)
An overcrowding notice becomes operative, if no appeal is brought under
section 117, at the end of the period of 21 days from the date of service of the
notice.

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(6)
If no appeal is brought under section 117, an overcrowding notice is final and
conclusive as to matters which could have been raised on such an appeal.
(7)
A person who contravenes an overcrowding notice commits an offence and is
liable on summary conviction to a fine not exceeding level 4 on the standard
scale.
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(8)
In proceedings for an offence under subsection (7) it is a defence that the person
had a reasonable excuse for contravening the notice.
(9)
In this section “relevant person” means a person who is, to the knowledge of
the local housing authority—
(a)
a person having an estate or interest in the HMO concerned, or
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(b)
a person managing or having control of it.
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Contents of overcrowding notices
(1)
An overcrowding notice must state in relation to each room in the HMO
concerned—
(a)
what the local housing authority consider to be the maximum number
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of persons by whom the room is suitable to be occupied as sleeping
accommodation at any one time; or
(b)
that the local housing authority consider that the room is unsuitable to
be occupied as sleeping accommodation.
(2)
An overcrowding notice may specify special maxima applicable where some
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or all of the persons occupying a room are under such age as may be specified
in the notice.
(3)
An overcrowding notice must contain—
(a)
the requirement prescribed by section 115 (not to permit excessive
number of persons to sleep in the house in multiple occupation); or
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(b)
the requirement prescribed by section 116 (not to admit new residents
if number of persons is excessive).
(4)
The local housing authority may at any time—
(a)
withdraw an overcrowding notice which has been served on any
person and which contains the requirement prescribed by section 116,
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and
(b)
serve on him instead an overcrowding notice containing the
requirement prescribed by section 115.
115
Requirement as to overcrowding generally
(1)
The requirement prescribed by this section is that the person on whom the
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notice is served must refrain from—
(a)
permitting a room to be occupied as sleeping accommodation
otherwise than in accordance with the notice; or
(b)
permitting persons to occupy the HMO as sleeping accommodation in
such numbers that it is not possible to avoid persons of opposite sexes
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who are not living together as husband and wife sleeping in the same
room.
(2)
For the purposes of subsection (1)(b)—
(a)
children under the age of 12 are to be disregarded; and

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(b)
it must be assumed that the persons occupying the HMO as sleeping
accommodation sleep only in rooms for which a maximum is set by the
notice and that the maximum set for each room is not exceeded.
116
Requirement as to new residents
(1)
The requirement prescribed by this section is that the person on whom the
5
notice is served must refrain from—
(a)
permitting a room to be occupied by a new resident as sleeping
accommodation otherwise than in accordance with the notice; or
(b)
permitting a new resident to occupy any part of the HMO as sleeping
accommodation if that is not possible without persons of opposite sexes
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who are not living together as husband and wife sleeping in the same
room.
(2)
In subsection (1) “new resident” means a person who was not an occupier of
the house in multiple occupation immediately before the notice was served.
(3)
For the purposes of subsection (1)(b)—
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(a)
children under the age of 12 are to be disregarded; and
(b)
it must be assumed that the persons occupying any part of the HMO as
sleeping accommodation sleep only in rooms for which a maximum is
set by the notice and that the maximum set for each room is not
exceeded.
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117
Appeals against overcrowding notices
(1)
A person aggrieved by an overcrowding notice may appeal to a county court
within the period of 21 days beginning with the date of service of the notice.
(2)
Such an appeal—
(a)
is to be by way of a re-hearing, but
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(b)
may be determined having regard to matters of which the authority
were unaware.

Paragraph (a) applies despite any provision of Civil Procedure Rules.
(3)
On an appeal the court may by order confirm, quash or vary the notice.
(4)
If an appeal is brought, the notice does not become operative until—
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(a)
a decision is given on the appeal which confirms the notice and the
period within which an appeal to the Court of Appeal may be brought
expires without any such appeal having been brought; or
(b)
if an appeal is brought to the Court of Appeal, a decision is given on the
appeal which confirms the notice.
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(5)
For the purposes of subsection (4)—
(a)
the withdrawal of an appeal has the same effect as a decision which
confirms the notice appealed against; and
(b)
references to a decision which confirms the notice are to a decision
which confirms it with or without variation.
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118
Revocation and variation of overcrowding notices
(1)
The local housing authority may at any time, on the application of a relevant
person—

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(a)
revoke an overcrowding notice; or
(b)
vary it so as to allow more people to be accommodated in the HMO
concerned.
(2)
The applicant may appeal to a county court if—
(a)
the local housing authority refuse an application under subsection (1);
5
or
(b)
do not notify the applicant of their decision within the period of 35 days
beginning with the making of the application (or within such further
period as the applicant may in writing allow).
(3)
Section 117(2) applies to such an appeal as it applies to an appeal under that
10
section.
(4)
On an appeal the court may revoke the notice or vary it in any manner in which
it might have been varied by the local housing authority.
(5)
In this section “relevant person” means a person who is, to the knowledge of
the local housing authority—
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(a)
a person having an estate or interest in the HMO concerned, or
(b)
a person managing or having control of it.
Index
119
Index of defined expressions: Part 4
The following table shows where expressions used in this Part are defined or
20
otherwise explained.

Expression
Provision of this Act

Appropriate national authority
Section 196(1)

Final management order
Section 86(4)

Health
Section 2(5)

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HMO
Section 86(6)

The house
Section 86(7) or 88(8)

Immediate landlord
Section 93(5) or 101(5)

Interim management order
Section 86(3)

Landlord
Section 197(3)

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

Licence (to occupy premises)
Section 197(9)

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

Mortgage, mortgagee
Section 93(6)

Occupier (and related expressions)
Section 197(6)

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Part 5 — Home information packs
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Expression
Provision of this Act

Owner
Section 197(7)

Part 3 house
Section 86(6)

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

Person having estate or interest
Section 197(8)

5

Person managing
Section 198(3)

Tenancy, tenant, etc.
Section 197(1) to (4)

Part 5
Home information packs
Preliminary
10
120
Meaning of “residential property” and “home information pack”
(1)
In this Part—

“residential property” means premises in England and Wales consisting
of a single dwelling-house, including any ancillary land; and

“dwelling-house” means a building or part of a building occupied or
15
intended to be occupied as a separate dwelling (and includes one that
is being or is to be constructed).
(2)
References in this Part to a home information pack, in relation to a residential
property, are to a collection of documents relating to the property or the terms
on which it is or may become available for sale.
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121
Meaning of “on the market” and related expressions
(1)
A residential property is put on the market when the fact that it is or may
become available for sale is, with a view to marketing the property, first made
public in England and Wales by or on behalf of the seller.
(2)
A residential property which has been put on the market is to be regarded as
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remaining on the market until it is taken off the market or sold.
(3)
A fact is made public when it is advertised or otherwise communicated (in
whatever form and by whatever means) to the public or to a section of the
public.
122
Acting as estate agent
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(1)
A person acts as estate agent for the seller of a residential property if he does
anything, in the course of a business in England and Wales, in pursuance of
marketing instructions from the seller.
(2)
For this purpose—

“business in England and Wales” means a business carried on (in whole
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or in part) from a place of business in England and Wales; and

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“marketing instructions” means instructions to carry out any activities
with a view to—
(a)
effecting the introduction to the seller of a person wishing to
buy the property; or
(b)
selling the property by auction or tender.
5
(3)
It is immaterial for the purposes of this section whether or not a person
describes himself as an estate agent.
Responsibility for marketing residential properties
123
Responsibility for marketing: general
(1)
References in this Part to a responsible person, in relation to a residential
10
property, are to any person who is for the time being responsible for marketing
the property.
(2)
Sections 124 and 125 identify for the purposes of this Part—
(a)
the person or persons who are responsible for marketing a residential
property which is being or has been put on the market in England and
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Wales; and
(b)
when the responsibility of any such person arises and ceases.
(3)
Only the seller or a person acting as estate agent for the seller may be
responsible for marketing the property.
(4)
A person may be responsible for marketing the property on more than one
20
occasion.
124
Responsibility of person acting as estate agent
(1)
A person acting as estate agent becomes responsible for marketing the
property when action taken by him or on his behalf—
(a)
puts the property on the market; or
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(b)
makes public the fact that the property is on the market.
(2)
That responsibility ceases when the following conditions are satisfied,
namely—
(a)
his contract with the seller is terminated (whether by the withdrawal of
his instructions or otherwise);
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(b)
he has ceased to take any action which makes public the fact that the
property is on the market; and
(c)
any such action being taken on his behalf has ceased.
(3)
Any responsibility arising under this section also ceases when the property is
taken off the market or sold.
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125
Responsibility of the seller
(1)
The seller becomes responsible for marketing the property when action taken
by him or on his behalf—
(a)
puts the property on the market; or
(b)
makes public the fact that the property is on the market.
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(2)
That responsibility ceases when the following conditions are satisfied,
namely—
(a)
there is at least one person acting as his estate agent who is responsible
for marketing the property;
(b)
the seller has ceased to take any action which makes public the fact that
5
the property is on the market; and
(c)
any such action being taken on the seller’s behalf has ceased.
(3)
In this section the references to action taken on behalf of the seller exclude
action taken by or on behalf of a person acting as his estate agent.
(4)
Any responsibility arising under this section also ceases when the property is
10
taken off the market or sold.
Duties of a responsible person where a property is on the market
126
Application of sections 127 to 129
(1)
Where a residential property is on the market in England and Wales, a person
responsible for marketing the property is subject to the duties relating to home
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information packs that are imposed by sections 127 to 129.
(2)
Those duties apply from the time the person becomes responsible until his
responsibility ceases, subject to any exception provided for in those sections.
127
Duty to have a home information pack
(1)
It is the duty of a responsible person to have in his possession or under his
20
control a home information pack for the property which complies with the
requirements of any regulations under section 133.
(2)
That duty does not apply to the seller at any time when—
(a)
there is another person who is responsible for marketing the property
under section 124; and
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(b)
the seller believes on reasonable grounds that the other responsible
person has a home information pack for the property in his possession
or under his control which complies with the requirements of any
regulations under section 133.
128
Duty to provide copy of home information pack on request
30
(1)
Where a potential buyer makes a request to a responsible person for a copy of
the home information pack, or of a document (or part of a document) which is
or ought to be included in that pack, it is the duty of the responsible person to
comply with that request within the permitted period.
(2)
The responsible person does not comply with that duty unless—
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(a)
he provides the potential buyer with a document which is—
(i)
a copy of the home information pack for the property as it
stands at the time when the request is made, or
(ii)
a copy of a document (or part of a document) which is included
in that pack,
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as the case may be; and