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Housing Bill


 

Housing Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Office of the Deputy Prime Minister, are

published separately as Bill 11—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Prescott has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Housing Bill are compatible with the Convention

rights.

 
Bill 1153/3
 
 

 

Housing Bill

 

 
 

Contents

Part 1

Housing conditions

Chapter 1

Enforcement of housing standards: general

New system for assessing housing conditions

1   

New system for assessing housing conditions and enforcing housing

standards

2   

Meaning of “category 1 hazard” and “category 2 hazard”

Procedure for assessing housing conditions

3   

Local housing authorities to review housing conditions in their districts

4   

Inspections by local housing authorities to see whether category 1 or 2

hazards exist

Enforcement of housing standards

5   

Category 1 hazards: general duty to take enforcement action

6   

Category 1 hazards: how duty under section 5 operates in certain cases

7   

Category 2 hazards: powers to take enforcement action

8   

Guidance about inspections and enforcement action

Chapter 2

Improvement notices, prohibition orders and hazard awareness notices

Improvement notices

9   

Improvement notices relating to category 1 hazards: duty of authority to

serve notice

10   

Improvement notices relating to category 2 hazards: power of authority to

serve notice

11   

Contents of improvement notices

 
Bill 11 53/3
 
 

Housing Bill

iv

 

12   

Suspension of improvement notices

13   

Revocation and variation of improvement notices

14   

Operation of improvement notices

15   

Review of suspended improvement notices

16   

Service of improvement notices etc. and related appeals

17   

Change in person liable to comply with improvement notice

Prohibition orders

18   

Prohibition orders relating to category 1 hazards: duty of authority to make

order

19   

Prohibition orders relating to category 2 hazards: power of authority to make

order

20   

Contents of prohibition orders

21   

Suspension of prohibition orders

22   

Operation of prohibition orders

23   

Revocation and variation of prohibition orders

24   

Review of suspended prohibition orders

25   

Service of copies of prohibition orders etc. and related appeals

Hazard awareness notices

26   

Hazard awareness notices relating to category 1 hazards: duty of authority to

serve notice

27   

Hazard awareness notices relating to category 2 hazards: power of authority

to serve notice

Enforcement: improvement notices

28   

Offence of failing to comply with improvement notice

29   

Enforcement action by local housing authorities

Enforcement: prohibition orders

30   

Offence of failing to comply with prohibition order etc.

31   

Recovery of possession of premises in order to comply with order

32   

Power of court to determine or vary lease

Enforcement: improvement notices and prohibition orders

33   

Power of court to order occupier or owner to allow action to be taken on

premises

34   

Power of court to authorise action by one owner on behalf of another

Supplementary provisions

35   

Effect of improvement notices and prohibition orders as local land charges

36   

Savings for rights arising from breach of covenant etc.

37   

Effect of Part 4 enforcement action and redevelopment proposals

 
 

Housing Bill

v

 

Chapter 3

Demolition orders and slum clearance declarations

Demolition orders

38   

Demolition orders

Slum clearance declarations

39   

Clearance areas

Chapter 4

General provisions relating to enforcement action

Recovery of expenses relating to enforcement action

40   

Power to charge for certain enforcement action

41   

Recovery of charge under section 40

Repeal

42   

Repeal of power to improve existing enforcement procedures

Index

43   

Index of defined expressions: Part 1

Part 2

Licensing of houses in multiple occupation

Introductory

44   

Licensing of HMOs to which this Part applies

Designation of additional licensing areas

45   

Designation of areas subject to additional licensing

46   

Designations under section 45: further considerations

47   

Designation needs confirmation or general approval to be effective

48   

Notification requirements relating to designations

49   

Duration, review and revocation of designations

HMOs required to be licensed

50   

Requirement for HMOs to be licensed

51   

Temporary exemption from licensing requirement

Grant or refusal of licences

52   

Applications for licences

53   

Grant or refusal of licence

 
 

Housing Bill

vi

 

54   

Tests as to suitability for multiple occupation

55   

Tests for fitness etc. and satisfactory management arrangements

56   

Licence conditions

57   

Licences: general requirements and duration

Variation and revocation of licences

58   

Variation of licences

59   

Revocation of licences

Procedure and appeals

60   

Procedural requirements and appeals against licence decisions

Enforcement

61   

Offences in relation to licensing of HMOs

62   

Further sanctions relating to unlicensed HMOs

Supplementary provisions

63   

Transitional arrangements relating to introduction and termination of

licensing

64   

Meaning of “HMO”

65   

Index of defined expressions: Part 2

Part 3

Selective licensing of other residential accommodation

Introductory

66   

Licensing of houses to which this Part applies

Designation of selective licensing areas

67   

Designation of selective licensing areas

68   

Designations under section 67: further considerations

69   

Designation needs confirmation or general approval to be effective

70   

Notification requirements relating to designations

71   

Duration, review and revocation of designations

Houses required to be licensed

72   

Requirement for Part 3 houses to be licensed

73   

Temporary exemption from licensing requirement

Grant or refusal of licences

74   

Applications for licences

75   

Grant or refusal of licence

76   

Tests for fitness etc. and satisfactory management arrangements

77   

Licence conditions

78   

Licences: general requirements and duration

 
 

Housing Bill

vii

 

Variation and revocation of licences

79   

Variation of licences

80   

Revocation of licences

Procedure and appeals

81   

Procedural requirements and appeals against licence decisions

Enforcement

82   

Offences in relation to licensing of houses under this Part

83   

Further sanctions relating to unlicensed Part 3 houses

Supplementary provisions

84   

Meaning of “house” etc.

85   

Index of defined expressions: Part 3

Part 4

Additional control provisions in relation to residential accommodation

Introductory

86   

Interim and final management orders: introductory

Interim management orders: making and operation of orders

87   

Making of interim management orders

88   

Special interim management orders

89   

The health and safety condition

90   

Operation of interim management orders

91   

Local housing authority’s duties once interim management order in force

92   

General effect of interim management orders

93   

General effect of interim management orders: immediate landlords,

mortgagees etc.

94   

Financial arrangements while order is in force

Interim management orders: variation and revocation

95   

Variation of interim management orders

96   

Revocation of interim management orders

Final management orders: making and operation of orders

97   

Making of final management orders

98   

Operation of final management orders

99   

Local housing authority’s duties once final management order in force

100   

General effect of final management orders

101   

General effect of final management orders: immediate landlords, mortgagees

etc.

102   

Management scheme and accounts

 
 

Housing Bill

viii

 

Final management orders: variation and revocation

103   

Variation of final management orders

104   

Revocation of final management orders

Interim and final management orders: procedure and appeals

105   

Procedural requirements and appeals

Interim and final management orders: other general provisions

106   

Effect of management orders: occupiers

107   

Effect of management orders: agreements and legal proceedings

108   

Effect of management orders: furniture

109   

Management orders: power to supply furniture

110   

Termination of management orders: financial arrangements

111   

Termination of management orders: leases, agreements and proceedings

112   

Management orders: power of entry to carry out work

Overcrowding notices

113   

Service of overcrowding notices

114   

Contents of overcrowding notices

115   

Requirement as to overcrowding generally

116   

Requirement as to new residents

117   

Appeals against overcrowding notices

118   

Revocation and variation of overcrowding notices

Index

119   

Index of defined expressions: Part 4

Part 5

Home information packs

Preliminary

120   

Meaning of “residential property” and “home information pack”

121   

Meaning of “on the market” and related expressions

122   

Acting as estate agent

Responsibility for marketing residential properties

123   

Responsibility for marketing: general

124   

Responsibility of person acting as estate agent

125   

Responsibility of the seller

Duties of a responsible person where a property is on the market

126   

Application of sections 127 to 129

127   

Duty to have a home information pack

128   

Duty to provide copy of home information pack on request

129   

Duty to ensure authenticity of documents in other situations

 
 

 
contents continue
 
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Revised 8 December 2003