Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Part 7 — Supplementary and final provisions
159

(5)
The fact that this section applies to a converted block of flats (with the result
that it is a relevant building for the purposes of section 213(1)), does not affect
the status of the flats in the block, or (if appropriate) any other dwelling in the
block, as relevant buildings for those purposes.
(6)
In this section “self-contained flat” has the same meaning as in section 214.
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216
HMOs: persons not forming a single household
(1)
This section sets out when persons are to be regarded as not forming a single
household for the purposes of section 213(1).
(2)
Persons are to be regarded as not forming a single household unless—
(a)
they are all members of the same family, or
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(b)
their circumstances are circumstances of a description specified for the
purposes of this section in regulations made by the appropriate
national authority.
(3)
For the purposes of subsection (2)(a) a person is a member of the same family
as another person if—
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(a)
those persons are married to each other or live together as husband and
wife (or in an equivalent relationship in the case of persons of the same
sex); or
(b)
one of them is the parent, grandparent, child, grandchild, brother,
sister, uncle, aunt, nephew or niece of the other.
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(4)
For those purposes—
(a)
a relationship by marriage shall be treated as a relationship by blood;
(b)
a relationship of the half-blood shall be treated as a relationship of the
whole blood; and
(c)
the stepchild of a person shall be treated as his child.
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(5)
Regulations under subsection (2)(b) may, in particular, secure that a group of
persons are to be regarded as forming a single household only where (as the
regulations may require) each member of the group has a prescribed
relationship, or at least one of a number of prescribed relationships, to any one
or more of the others.
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(6)
In subsection (5) “prescribed relationship” means any relationship of a
description specified in the regulations.
217
HMOs: persons treated as occupying premises as only or main residence
(1)
This section sets out when persons are to be treated for the purposes of section
213(1) as occupying a building or part of a building as their only or main
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residence.
(2)
A person is to be treated as so occupying a building or part of a building if it is
occupied by the person—
(a)
as the person’s residence for the purpose of undertaking a full-time
course of further or higher education;
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(b)
as a women’s refuge, or
(c)
in any other circumstances which are circumstances of a description
specified for the purposes of this section in regulations made by the
appropriate national authority.

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Other general interpretation provisions
218
Meaning of “appropriate national authority”, “local housing authority” etc.
(1)
In this Act “the appropriate national authority” means—
(a)
in relation to England, the Secretary of State; and
(b)
in relation to Wales, the National Assembly for Wales.
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(2)
In this Act “local housing authority” means, in relation to England—
(a)
a unitary authority;
(b)
a district council so far as it is not a unitary authority;
(c)
a London borough council;
(d)
the Common Council of the City of London (in its capacity as a local
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authority);
(e)
the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
Middle Temple (in his capacity as a local authority); and
(f)
the Council of the Isles of Scilly.
(3)
In subsection (2) “unitary authority” means—
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(a)
the council of a county so far as it is the council for an area for which
there are no district councils;
(b)
the council of any district comprised in an area for which there is no
county council.
(4)
In this Act “local housing authority” means, in relation to Wales, a county
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council or a county borough council.
(5)
References in this Act to “the local housing authority”, in relation to land, are
to the local housing authority in whose district the land is situated.
(6)
References in this Act to the district of a local housing authority are to the area
of the council concerned, that is to say—
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(a)
in the case of a unitary authority, the area or district;
(b)
in the case of a district council so far as it is not a unitary authority, the
district;
(c)
in the case of an authority within subsection (1)(c) to (f), the London
borough, the City of London, the Inner or Middle Temple or the Isles of
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Scilly (as the case may be); and
(d)
in the case of a Welsh county council or a county borough council, the
Welsh county or county borough.
(7)
Section 618 of the Housing Act 1985 (c. 68) (committees and members of
Common Council of City of London) applies in relation to this Act as it applies
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in relation to that Act.
219
Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.
(1)
In this Act “lease” and “tenancy” have the same meaning.
(2)
Both expressions include—
(a)
a sub-lease or sub-tenancy; and
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(b)
an agreement for a lease or tenancy (or sub-lease or sub-tenancy).

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(3)
The expressions “lessor” and “lessee” and “landlord” and “tenant” and
references to letting, to the grant of a lease or to covenants or terms, are to be
construed accordingly.
(4)
In this Act “lessee” includes a statutory tenant of the premises; and references
to a lease or to a person to whom premises are let are to be construed
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accordingly.
(5)
In this Act any reference to a person who is a tenant under a lease with an
unexpired term of 3 years or less includes a statutory tenant as well as a tenant
under a yearly or other periodic tenancy.
(6)
In this Act “occupier”, in relation to premises, means a person who—
10
(a)
occupies the premises as a residence, and
(b)
(subject to the context) so occupies them whether as a tenant or other
person having an estate or interest in the premises or as a licensee;

and related expressions are to be construed accordingly.
This subsection does not apply for the purposes of Part 5 or sections 199 and
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200.
(7)
In this Act “owner”, in relation to premises—
(a)
means a person (other than a mortgagee not in possession) who is for
the time being entitled to dispose of the fee simple of the premises
whether in possession or in reversion; and
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(b)
includes also a person holding or entitled to the rents and profits of the
premises under a lease of which the unexpired term exceeds 3 years.
(8)
In this Act “person having an estate or interest”, in relation to premises,
includes a statutory tenant of the premises.
(9)
In this Act “licence”, in the context of a licence to occupy premises—
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(a)
includes a licence which is not granted for a consideration, but
(b)
excludes a licence granted as a temporary expedient to a person who
entered the premises as a trespasser (whether or not, before the grant of
the licence, another licence to occupy those or other premises had been
granted to him);
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and related expressions are to be construed accordingly.
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Meaning of “person having control” and “person managing” etc.
(1)
In this Act “person having control”, in relation to premises, means (unless the
context otherwise requires) the person who receives the rack-rent of the
premises (whether on his own account or as agent or trustee of another
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person), or who would so receive it if the premises were let at a rack-rent.
(2)
In subsection (1) “rack-rent” means a rent which is not less than two-thirds of
the full net annual value of the premises.
(3)
In this Act “person managing” means, in relation to premises, the person who,
being an owner or lessee of the premises—
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(a)
receives (whether directly or through an agent or trustee) rents or other
payments from—
(i)
in the case of a house in multiple occupation, persons who are
tenants or licensees of parts of the premises; and

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(ii)
in the case of a house to which Part 3 applies (see section 76(2)),
persons who are tenants or licensees of parts of the premises, or
of the whole of the premises; or
(b)
would so receive those rents or other payments but for having entered
into an arrangement (whether in pursuance of a court order or
5
otherwise) with another person who is not an owner or lessee of the
premises by virtue of which that other person receives the rents or other
payments;

and includes, where those rents or other payments are received through
another person as agent or trustee, that other person.
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(4)
In its application to Part 1, subsection (3) has effect with the omission of
paragraph (a)(ii).
(5)
References in this Act to any person involved in the management of a house in
multiple occupation or a Part 3 house (see section 76(2)) include references to
the person managing it.
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Final provisions
221
Minor and consequential amendments
(1)
Schedule 12 (which contains minor and consequential amendments) has effect.
(2)
The Secretary of State may by order make such supplementary, incidental or
consequential provision as he considers appropriate—
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(a)
for the general purposes, or any particular purpose, of this Act; or
(b)
in consequence of any provision made by or under this Act or for giving
full effect to it.
(3)
An order under subsection (2) may modify any enactment (including this Act).
“Enactment” includes an enactment comprised in subordinate legislation
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(within the meaning of the Interpretation Act 1978 (c. 30).
(4)
The power conferred by subsection (2) is also exercisable by the National
Assembly for Wales in relation to provision dealing with matters with respect
to which functions are exercisable by the Assembly.
(5)
Nothing in this Act affects the generality of the power conferred by this section.
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222
Repeals
Schedule 13 (which contains repeals) has effect.
223
Devolution: Wales
In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as
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references to those Acts as amended by virtue of this Act—
(a)
the Housing Act 1985 (c. 68);
(b)
the Housing Act 1988 (c. 50);
(c)
the Housing Act 1996 (c. 52).