|
| |
|
11 | Paragraphs 5, 6 and 8 do not apply to a refusal to grant a licence on particular |
| |
terms if the local housing authority are proposing to grant the licence on |
| |
| |
Meaning of “the end of the consultation period” |
| |
12 (1) | In this Part of this Schedule “the end of the consultation period” means the |
| 5 |
last day for making representations in respect of the matter in question. |
| |
(2) | The end of the consultation period must be— |
| |
(a) | in the case of a notice under paragraph 1 or 5, a day which is at least |
| |
14 days after the date of service of the notice; and |
| |
(b) | in the case of a notice under paragraph 3, a day which is at least 7 |
| 10 |
days after the date of service of the notice. |
| |
(3) | In sub-paragraph (2) “the date of service” of a notice means, in a case where |
| |
more than one notice is served, the date on which the last of the notices is |
| |
| |
Meaning of “licence” and “relevant person” |
| 15 |
13 (1) | In this Part of this Schedule “licence” means a licence under Part 2 or 3 of this |
| |
| |
(2) | In this Part of this Schedule “relevant person”, in relation to a licence under |
| |
Part 2 or 3 of this Act, means any person (other than a person excluded by |
| |
| 20 |
(a) | who, to the knowledge of the local housing authority concerned, is— |
| |
(i) | a person having an estate or interest in the HMO or Part 3 |
| |
| |
(ii) | a person managing or having control of that HMO or Part 3 |
| |
house (and not falling within sub-paragraph (i)), or |
| 25 |
(b) | on whom any restriction or obligation is or is to be imposed by the |
| |
licence in accordance with section 66(5) or 87(5). |
| |
(3) | The persons excluded by this sub-paragraph are— |
| |
(a) | the applicant for the licence and (if different) the licence holder, and |
| |
(b) | any tenant under a lease with an unexpired term of 3 years or less. |
| 30 |
| |
Procedure relating to variation or revocation of licences |
| |
| |
14 | Before varying a licence, the local housing authority must— |
| |
(a) | serve a notice under this paragraph on the licence holder and each |
| 35 |
| |
(b) | consider any representations made in accordance with the notice and |
| |
| |
15 | The notice under paragraph 14 must state that the local housing authority |
| |
are proposing to make the variation and set out— |
| 40 |
(a) | the effect of the variation, |
| |
(b) | the reasons for the variation, and |
| |
(c) | the end of the consultation period. |
| |
|
| |
|
| |
|
16 (1) | This paragraph applies where the local housing authority decide to vary a |
| |
| |
(2) | The local housing authority must serve on the licence holder and each |
| |
| |
(a) | a copy of the authority’s decision to vary the licence, and |
| 5 |
(b) | a notice setting out— |
| |
(i) | the reasons for the decision and the date on which it was |
| |
| |
(ii) | the right of appeal against the decision under Part 3 of this |
| |
| 10 |
(iii) | the period within which an appeal may be made (see |
| |
| |
(3) | The documents required to be served under sub-paragraph (2) must be |
| |
served within the period of seven days beginning with the day on which the |
| |
| 15 |
Exceptions from requirements of paragraph 14 |
| |
17 | The requirements of paragraph 14 do not apply if— |
| |
(a) | the local housing authority consider that the variation is not material, |
| |
| |
(b) | the variation is agreed by the licence holder and the local housing |
| 20 |
authority consider that it would not be appropriate to comply with |
| |
the requirements of that paragraph. |
| |
18 | The requirements of paragraph 14 do not apply if the local housing |
| |
| |
(a) | have already served a notice under that paragraph in relation to a |
| 25 |
| |
(b) | consider that the variation which is now being proposed is not |
| |
materially different from the previous proposed variation. |
| |
Refusal to vary a licence |
| |
19 | Before refusing to vary a licence, the local housing authority must— |
| 30 |
(a) | serve a notice under this paragraph on the licence holder and each |
| |
| |
(b) | consider any representations made in accordance with the notice and |
| |
| |
20 | The notice under paragraph 19 must state that the authority are proposing |
| 35 |
to refuse to vary the licence and set out— |
| |
(a) | the reasons for refusing to vary the licence, and |
| |
(b) | the end of the consultation period. |
| |
21 (1) | This paragraph applies where the local housing authority refuse to vary a |
| |
| 40 |
(2) | The authority must serve on the licence holder and each relevant person a |
| |
| |
(a) | the authority’s decision not to vary the licence, |
| |
(b) | the reasons for the decision and the date on which it was made, |
| |
|
| |
|
| |
|
(c) | the right of appeal against the decision under Part 3 of this Schedule, |
| |
| |
(d) | the period within which an appeal may be made (see paragraph |
| |
| |
(3) | The documents required to be served under sub-paragraph (2) must be |
| 5 |
served within the period of seven days beginning with the day on which the |
| |
| |
| |
22 | Before revoking a licence, the local housing authority must— |
| |
(a) | serve a notice on the licence holder under this paragraph and each |
| 10 |
| |
(b) | consider any representations made in accordance with the notice and |
| |
| |
23 | The notice under paragraph 22 must state that the authority are proposing |
| |
to revoke the licence and set out— |
| 15 |
(a) | the reasons for the revocation, and |
| |
(b) | the end of the consultation period. |
| |
24 (1) | This paragraph applies where the local housing authority decide to revoke |
| |
| |
(2) | The authority must serve on the licence holder and each relevant person— |
| 20 |
(a) | a copy of the authority’s decision to revoke the licence, and |
| |
(b) | a notice setting out— |
| |
(i) | the reasons for the decision and the date on which it was |
| |
| |
(ii) | the right of appeal against the decision under Part 3 of this |
| 25 |
| |
(iii) | the period within which an appeal may be made (see |
| |
| |
(3) | The documents required to be served under sub-paragraph (2) must be |
| |
served within the period of seven days beginning with the day on which the |
| 30 |
| |
Exception from requirements of paragraph 22 |
| |
25 | The requirements of paragraph 22 do not apply if the revocation is agreed |
| |
by the licence holder and the local housing authority consider that it would |
| |
not be appropriate to comply with the requirements of that paragraph. |
| 35 |
Refusal to revoke a licence |
| |
26 | Before refusing to revoke a licence, the local housing authority must— |
| |
(a) | serve a notice under this paragraph on the licence holder and each |
| |
| |
(b) | consider any representations made in accordance with the notice and |
| 40 |
| |
27 | The notice under paragraph 26 must state that the authority are proposing |
| |
to refuse to revoke the licence and set out— |
| |
(a) | the reasons for refusing to revoke the licence, and |
| |
|
| |
|
| |
|
(b) | the end of the consultation period. |
| |
28 (1) | This paragraph applies where the local housing authority refuse to revoke a |
| |
| |
(2) | The authority must serve on the licence holder and each relevant person a |
| |
| 5 |
(a) | the authority’s decision not to revoke the licence, |
| |
(b) | the reasons for the decision and the date on which it was made, |
| |
(c) | the right of appeal against the decision under Part 3 of this Schedule, |
| |
| |
(d) | the period within which an appeal may be made (see paragraph |
| 10 |
| |
(3) | The notices required to be served under sub-paragraph (2) must be served |
| |
within the period of seven days beginning with the day on which the |
| |
| |
Meaning of “the end of the consultation period” |
| 15 |
29 (1) | In this Part of this Schedule “the end of the consultation period” means the |
| |
last day on which representations may be made in respect of the matter in |
| |
| |
(2) | That date must be at least 14 days after the date of service of the notice in |
| |
| 20 |
(3) | In sub-paragraph (2) “the date of service” of a notice means, in a case where |
| |
more than one notice is served, the date on which the last of the notices is |
| |
| |
Meaning of “licence” and “relevant person” |
| |
30 (1) | In this Part of this Schedule “licence” means a licence under Part 2 or 3 of this |
| 25 |
| |
(2) | In this Part of this Schedule “relevant person”, in relation to a licence under |
| |
Part 2 or 3 of this Act, means any person (other than a person excluded by |
| |
| |
(a) | who, to the knowledge of the local housing authority concerned, is— |
| 30 |
(i) | a person having an estate or interest in the HMO or Part 3 |
| |
| |
(ii) | a person managing or having control of that HMO or Part 3 |
| |
house (and not falling within sub-paragraph (i)), or |
| |
(b) | on whom any restriction or obligation is or is to be imposed by the |
| 35 |
licence in accordance with section 66(5) or 87(5). |
| |
(3) | The persons excluded by this sub-paragraph are— |
| |
(a) | the licence holder, and |
| |
(b) | any tenant under a lease with an unexpired term of 3 years or less. |
| |
|
| |
|
| |
|
| |
Appeals against licence decisions |
| |
Right to appeal against refusal or grant of licence |
| |
31 (1) | The applicant or any relevant person may appeal to a residential property |
| |
tribunal against a decision by the local housing authority on an application |
| 5 |
| |
(a) | to refuse to grant the licence, or |
| |
(b) | to grant the licence. |
| |
(2) | An appeal under sub-paragraph (1)(b) may, in particular, relate to any of the |
| |
| 10 |
Right to appeal against decision or refusal to vary or revoke licence |
| |
32 (1) | The licence holder or any relevant person may appeal to a residential |
| |
property tribunal against a decision by the local housing authority— |
| |
(a) | to vary or revoke a licence, or |
| |
(b) | to refuse to vary or revoke a licence. |
| 15 |
(2) | But this does not apply to the licence holder in a case where the decision to |
| |
vary or revoke the licence was made with his agreement. |
| |
| |
33 (1) | Any appeal under paragraph 31 against a decision to grant, or (as the case |
| |
may be) to refuse to grant, a licence must be made within the period of 28 |
| 20 |
days beginning with the date specified in the notice under paragraph 7 or 8 |
| |
as the date on which the decision was made. |
| |
(2) | Any appeal under paragraph 32 against a decision to vary or revoke, or (as |
| |
the case may be) to refuse to vary or revoke, a licence must be made within |
| |
the period of 28 days beginning with the date specified in the notice under |
| 25 |
paragraph 16, 21, 24 or 28 as the date on which the decision was made. |
| |
(3) | A residential property tribunal may allow an appeal to be made to it after the |
| |
end of the period mentioned in sub-paragraph (1) or (2) if it is satisfied that |
| |
there is a good reason for the failure to appeal before the end of that period |
| |
(and for any delay since then in applying for permission to appeal out of |
| 30 |
| |
Powers of residential property tribunal hearing appeal |
| |
34 (1) | This paragraph applies to appeals to a residential property tribunal under |
| |
| |
| 35 |
(a) | is to be by way of a re-hearing, but |
| |
(b) | may be determined having regard to matters of which the authority |
| |
| |
(3) | The tribunal may confirm, reverse or vary the decision of the local housing |
| |
| 40 |
|
| |
|
| |
|
(4) | On an appeal under paragraph 31 the tribunal may direct the authority to |
| |
grant a licence to the applicant for the licence on such terms as the tribunal |
| |
| |
“The operative time” for the purposes of section 68(6), 69(8), 89(3) or 90(5) |
| |
35 (1) | This paragraph defines “the operative time” for the purposes of— |
| 5 |
(a) | section 68(6) or 69(8) (variation or revocation of licence under Part 2 |
| |
| |
(b) | section 89(3) or 90(5) (variation or revocation of licence under Part 3 |
| |
| |
(2) | If the period of 28 days mentioned in paragraph 33(2) has expired without |
| 10 |
an appeal having been made under paragraph 32, “the operative time” is the |
| |
| |
(3) | If an appeal is made under paragraph 32 within that period and a decision |
| |
is given on the appeal which confirms the variation or revocation, “the |
| |
operative time” is as follows— |
| 15 |
(a) | if the period within which an appeal to the Lands Tribunal may be |
| |
brought expires without such an appeal having been brought, “the |
| |
operative time” is the end of that period; |
| |
(b) | if an appeal to the Lands Tribunal is brought, “the operative time” is |
| |
the time when a decision is given on the appeal which confirms the |
| 20 |
| |
(4) | For the purposes of sub-paragraph (3)— |
| |
(a) | the withdrawal of an appeal has the same effect as a decision |
| |
confirming the variation or revocation appealed against; and |
| |
(b) | references to a decision which confirms a variation are to a decision |
| 25 |
which confirms it with or without variation. |
| |
Meaning of “licence” and “relevant person” |
| |
36 (1) | In this Part of this Schedule “licence” means a licence under Part 2 or 3 of this |
| |
| |
(2) | In this Part of this Schedule “relevant person”, in relation to a licence under |
| 30 |
Part 2 or 3 of this Act, means any person (other than a person excluded by |
| |
| |
| |
(i) | a person having an estate or interest in the HMO or Part 3 |
| |
| 35 |
(ii) | a person managing or having control of that HMO or Part 3 |
| |
house (and not falling within sub-paragraph (i)), or |
| |
(b) | on whom any restriction or obligation is or is to be imposed by the |
| |
licence in accordance with section 66(5) or 87(5). |
| |
(3) | The persons excluded by this sub-paragraph are— |
| 40 |
(a) | the applicant for the licence and (if different) the licence holder, and |
| |
(b) | any tenant under a lease with an unexpired term of 3 years or less. |
| |
|
| |
|