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Housing Bill


Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action

33

 

(a)   

determining whether to make the order, and

(b)   

serving copies of the order on persons as owners of premises.

(5)   

A local housing authority may make such reasonable charge as they consider

appropriate as a means of recovering expenses incurred by them in—

(a)   

carrying out any review under section 16 or 25, or

5

(b)   

serving copies of the authority’s decision on such a review.

(6)   

The amount of the charge may not exceed such amount as is specified by order

of the appropriate national authority.

(7)   

Where a tribunal allows an appeal against the underlying notice or order

mentioned in subsection (1), it may make such order as it considers

10

appropriate reducing, quashing, or requiring the repayment of, any charge

under this section made in respect of the notice or order.

49      

Recovery of charge under section 48

(1)   

This section relates to the recovery by a local housing authority of a charge

made by them under section 48.

15

(2)   

In the case of—

(a)   

an improvement notice under section 10 or 11, or

(b)   

a hazard awareness notice under section 27 or 28,

the charge may be recovered from the person on whom the notice is served.

(3)   

In the case of emergency remedial action under section 39, the charge may be

20

recovered from the person served with the notice required by subsection (7) of

that section.

(4)   

In the case of—

(a)   

a prohibition order under section 19 or 20,

(b)   

an emergency prohibition order under section 42, or

25

(c)   

a demolition order under section 265 of the Housing Act 1985 (c. 68),

   

the charge may be recovered from any person on whom a copy of the order is

served as an owner of the premises.

(5)   

A demand for payment of the charge must be served on the person from whom

the authority seek to recover it.

30

(6)   

The demand becomes operative, if no appeal is brought against the underlying

notice or order, at the end of the period of 21 days beginning with the date of

service of the demand.

(7)   

The sum recoverable by the authority is, until recovered, a charge on the

premises concerned.

35

(8)   

The charge takes effect when the demand becomes operative.

(9)   

For the purpose of enforcing the charge the authority have the same powers

and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if

they were mortgagees by deed having powers of sale and lease, of accepting

surrenders of leases and of appointing a receiver.

40

(10)   

The power of appointing a receiver is exercisable at any time after the end of

the period of one month beginning with the date on which the charge takes

effect.

 

 

Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action

34

 

(11)   

The appropriate national authority may by regulations prescribe the form of,

and the particulars to be contained in, a demand for payment of any charge

under section 48.

Repeals

50      

Repeal of power to improve existing enforcement procedures

5

Omit section 86 of the Housing Grants, Construction and Regeneration Act

1996 (c. 53) (power to improve existing enforcement procedures in relation to

unfitness for human habitation etc.).

51      

Repeal of provisions relating to demolition of obstructive buildings

Omit sections 283 to 288 of the Housing Act 1985 (c. 68) (demolition of

10

obstructive buildings).

52      

Miscellaneous repeals etc. in relation to fire hazards

(1)   

In the London Building Acts (Amendment) Act 1939 (c. xcvii)—

(a)   

omit section 35(1)(c)(i) (protection against fire in certain old buildings

let in flats or tenements);

15

(b)   

in section 36(1) (projecting shops in which persons are employed or

sleep) omit “or sleep”; and

(c)   

in section 37(1) (means of access to roofs), in paragraph (b) for the

words from “except” onwards substitute “except to the extent that it is

occupied for residential purposes;”.

20

(2)   

In the County of Merseyside Act 1980 (c. x) omit section 48 (means of escape

from fire) and section 49(1) and (2) (maintenance of means of escape from fire).

(3)   

In the Building Act 1984 (c. 55) omit section 72(6)(a) (means of escape from fire

in case of certain buildings let in flats or tenements).

(4)   

In the Leicestershire Act 1985 (c. xvii) omit section 54(6)(a) (means of escape

25

from fire in case of certain buildings used as flats or tenements).

Index

53      

Index of defined expressions: Part 1

The following table shows where expressions used in this Part are defined or

otherwise explained.

30

 

Expression

Provision of this Act

 
 

Appropriate national authority

Section 218(1)

 
 

Building containing one or more flats

Section 1(5)

 
 

Category 1 hazard

Section 2(1)

 
 

Category 2 hazard

Section 2(1)

 

35

 

 

Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action

35

 
 

Expression

Provision of this Act

 
 

Common parts

Section 1(5)

 
 

Compliance with improvement notice

Section 29(2)

 
 

District of local housing authority

Section 218(6)

 
 

Dwelling

Section 1(5), (6)

 

5

 

External common parts

Section 1(5)

 
 

Flat

Section 1(5) to (7)

 
 

Hazard

Section 2(1)

 
 

Hazard awareness notice

Section 27(2) or 28(2)

 
 

Health

Section 2(5)

 

10

 

HMO

Section 1(5), (6) (and

 
  

see also section 1(8))

 
 

Improvement notice

Section 10(2) or 11(2)

 
 

Lease, lessee etc.

Section 219(1) to (4)

 
 

Local housing authority

Section 218(2) to (5)

 

15

 

Occupier (and related expressions)

Section 219(6)

 
 

Owner

Section 219(7)

 
 

Person having control

Section 220(1) and (2)

 
 

Person managing

Section 220(3) and (4)

 
 

Prohibition order

Section 19(2) or 20(2)

 

20

 

Remedial action

Section 10(8)

 
 

Residential premises

Section 1(4)

 
 

Residential property tribunal

Section 190

 
 

Specified premises, in relation to an

Section 12(5)

 
 

improvement notice

  

25

 

Specified premises, in relation to a

Section 21(10)

 
 

prohibition order

  
 

Tenancy, tenant

Section 219(1) to (5)

 
 

Unoccupied HMO accommodation

Section 1(5) (and see

 
  

also section 1(8)).

 

30

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

36

 

Part 2

Licensing of houses in multiple occupation

Introductory

54      

Licensing of HMOs to which this Part applies

(1)   

This Part provides for HMOs to be licensed by local housing authorities

5

where—

(a)   

they are HMOs to which this Part applies (see subsection (2)), and

(b)   

they are required to be licensed under this Part (see section 60(1)).

(2)   

This Part applies to the following HMOs in the case of each local housing

authority—

10

(a)   

any HMO in the authority’s district which falls within any prescribed

description of HMO, and

(b)   

if an area is for the time being designated by the authority under section

55 as subject to additional licensing, any HMO in that area which falls

within any description of HMO specified in the designation.

15

(3)   

The appropriate national authority may by order prescribe descriptions of

HMOs for the purposes of subsection (2)(a).

(4)   

The power conferred by subsection (3) may be exercised in such a way that this

Part applies to all HMOs in the district of a local housing authority.

(5)   

Every local housing authority have the following general duties—

20

(a)   

to make such arrangements as are necessary to secure the effective

implementation in their district of the licensing regime provided for by

this Part;

(b)   

to ensure that all applications for licences and other issues falling to be

determined by them under this Part are determined within a

25

reasonable time; and

(c)   

to satisfy themselves, as soon as is reasonably practicable, that there are

no Part 1 functions that ought to be exercised by them in relation to the

premises in respect of which such applications are made.

(6)   

For the purposes of subsection (5)(c)—

30

(a)   

“Part 1 function” means any duty under section 5 to take any course of

action to which that section applies or any power to take any course of

action to which section 7 applies; and

(b)   

the authority may take such steps as they consider appropriate

(whether or not involving an inspection) to comply with their duty

35

under subsection (5)(c) in relation to each of the premises in question,

but they must in any event comply with it within the period of 5 years

beginning with the date of the application for a licence.

Designation of additional licensing areas

55      

Designation of areas subject to additional licensing

40

(1)   

A local housing authority may designate either—

(a)   

the area of their district, or

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

37

 

(b)   

an area in their district,

   

as subject to additional licensing in relation to a description of HMOs specified

in the designation, if the requirements of this section are met.

(2)   

The authority must consider that a significant proportion of the HMOs of that

description in the area are being managed sufficiently ineffectively as to give

5

rise, or to be likely to give rise, to one or more particular problems either for

those occupying the HMOs or for members of the public.

(3)   

Before making a designation the authority must—

(a)   

take reasonable steps to consult persons who are likely to be affected by

the designation; and

10

(b)   

consider any representations made in accordance with the consultation

and not withdrawn.

(4)   

The power to make a designation under this section may be exercised in such

a way that this Part applies to all HMOs in the area in question.

(5)   

In forming an opinion as to the matter mentioned in subsection (2), the

15

authority must have regard to any information regarding the extent to which

any codes of practice approved under section 193 have been complied with by

persons managing HMOs in the area in question.

(6)   

Section 56 applies for the purposes of this section.

56      

Designations under section 55: further considerations

20

(1)   

This section applies to the power of a local housing authority to make

designations under section 55.

(2)   

The authority must ensure that any exercise of the power is consistent with the

authority’s overall housing strategy.

(3)   

The authority must also seek to adopt a co-ordinated approach in connection

25

with dealing with homelessness, empty properties and anti-social behaviour

affecting the private rented sector, both—

(a)   

as regards combining licensing under this Part with other courses of

action available to them, and

(b)   

as regards combining such licensing with measures taken by other

30

persons.

(4)   

The authority must not make a particular designation under section 55

unless—

(a)   

they have considered whether there are any other courses of action

available to them (of whatever nature) that might provide an effective

35

method of dealing with the problem or problems in question, and

(b)   

they consider that making the designation will significantly assist them

to deal with the problem or problems (whether or not they take any

other course of action as well).

(5)   

In this Act “anti-social behaviour” means conduct on the part of occupiers of,

40

or visitors to, residential premises—

(a)   

which causes or is likely to cause a nuisance or annoyance to persons

residing, visiting or otherwise engaged in lawful activities in the

locality of such premises, or

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

38

 

(b)   

which involves or is likely to involve the use of such premises for illegal

purposes.

57      

Designation needs confirmation or general approval to be effective

(1)   

A designation of an area as subject to additional licensing cannot come into

force unless—

5

(a)   

it has been confirmed by the appropriate national authority; or

(b)   

it falls within a description of designations in relation to which that

authority has given a general approval in accordance with subsection

(6).

(2)   

The appropriate national authority may either confirm, or refuse to confirm, a

10

designation as it considers appropriate.

(3)   

If the appropriate national authority confirms a designation, the designation

comes into force on the date specified for this purpose by that authority.

(4)   

That date must be no earlier than three months after the date on which the

designation is confirmed.

15

(5)   

A general approval may be given in relation to a description of designations

framed by reference to any matters or circumstances.

(6)   

Accordingly a general approval may (in particular) be given in relation to—

(a)   

designations made by a specified local housing authority;

(b)   

designations made by a local housing authority falling within a

20

specified description of such authorities;

(c)   

designations relating to HMOs of a specified description.

“Specified” means specified by the appropriate national authority in the

approval.

(7)   

If, by virtue of a general approval, a designation does not need to be confirmed

25

before it comes into force, the designation comes into force on the date

specified for this purpose in the designation.

(8)   

That date must be no earlier than three months after the date on which the

designation is made.

58      

Notification requirements relating to designations

30

(1)   

This section applies to a designation—

(a)   

when it is confirmed under section 57, or

(b)   

(if it is not required to be so confirmed) when it is made by the local

housing authority.

(2)   

As soon as the designation is confirmed or made, the authority must publish in

35

the prescribed manner a notice stating—

(a)   

that the designation has been made,

(b)   

whether or not the designation was required to be confirmed and either

that it has been confirmed or that a general approval under section 57

applied to it (giving details of the approval in question),

40

(c)   

the date on which the designation is to come into force, and

(d)   

any other information which may be prescribed.

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

39

 

(3)   

After publication of a notice under subsection (1), and for as long as the

designation is in force, the local housing authority must make available to the

public in accordance with any prescribed requirements—

(a)   

copies of the designation, and

(b)   

such information relating to the designation as is prescribed.

5

(4)   

In this section “prescribed” means prescribed by regulations made by the

appropriate national authority.

59      

Duration, review and revocation of designations

(1)   

Unless previously revoked under subsection (4), a designation ceases to have

effect at the time that is specified for this purpose in the designation.

10

(2)   

That time must be no later than five years after the date on which the

designation comes into force.

(3)   

A local housing authority must from time to time review the operation of any

designation made by them.

(4)   

If following a review they consider it appropriate to do so, the authority may

15

revoke the designation.

(5)   

If they do revoke the designation, the designation ceases to have effect at the

time that is specified by the authority for this purpose.

(6)   

On revoking a designation the authority must publish notice of the revocation

in such manner as is prescribed by regulations made by the appropriate

20

national authority.

HMOs required to be licensed

60      

Requirement for HMOs to be licensed

(1)   

Every HMO to which this Part applies must be licensed under this Part

unless—

25

(a)   

a temporary exemption notice is in force in relation to it under section

61, or

(b)   

an interim or final management order is in force in relation to it under

Part 4.

(2)   

A licence under this Part is a licence authorising occupation of the house

30

concerned by not more than a maximum number of households or persons

specified in the licence.

(3)   

Sections 62 to 66 deal with applications for licences, the granting or refusal of

licences and the imposition of licence conditions.

(4)   

The local housing authority must take all reasonable steps to secure that

35

applications for licences are made to them in respect of HMOs in their area

which are required to be licensed under this Part but are not.

(5)   

The appropriate national authority may by regulations provide for—

(a)   

any provision of this Part, or

(b)   

section 220(1) or (2) (in its operation for the purposes of any such

40

provision),

 

 

 
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