|
| |
|
to have effect in relation to a section 215 HMO with such modifications as are |
| |
prescribed by the regulations. |
| |
A “section 215 HMO” is an HMO which is a converted block of flats to which |
| |
| |
(6) | In this Part (unless the context otherwise requires)— |
| 5 |
(a) | references to a licence are to a licence under this Part, |
| |
(b) | references to a licence holder are to be read accordingly, and |
| |
(c) | references to an HMO being (or not being) licensed under this Part are |
| |
to its being (or not being) an HMO in respect of which a licence is in |
| |
| 10 |
61 | Temporary exemption from licensing requirement |
| |
(1) | This section applies where a person having control of or managing an HMO |
| |
which is required to be licensed under this Part (see section 60(1)) but is not so |
| |
licensed, notifies the local housing authority of his intention to take particular |
| |
steps with a view to securing that the house is no longer required to be |
| 15 |
| |
(2) | The authority may, if they think fit, serve on that person a notice under this |
| |
section (“a temporary exemption notice”) in respect of the house. |
| |
(3) | If a temporary exemption notice is served under this section, the house is (in |
| |
accordance with sections 60(1) and 82(1)) not required to be licensed either |
| 20 |
under this Part or under Part 3 during the period for which the notice is in |
| |
| |
(4) | A temporary exemption notice under this section is in force— |
| |
(a) | for the period of 3 months beginning with the date on which it is |
| |
| 25 |
(b) | (in the case of a notice served by virtue of subsection (5)) for the period |
| |
of 3 months after the date when the first notice ceases to be in force. |
| |
| |
(a) | receive a further notification under subsection (1), and |
| |
(b) | consider that there are exceptional circumstances that justify the service |
| 30 |
of a second temporary exemption notice in respect of the house that |
| |
would take effect from the end of the period of 3 months applying to |
| |
| |
| the authority may serve a second such notice on the person having control of |
| |
or managing the house (but no further notice may be served by virtue of this |
| 35 |
| |
(6) | If the authority decide not to serve a temporary exemption notice in response |
| |
to a notification under subsection (1), they must without delay serve on the |
| |
person concerned a notice informing him of— |
| |
| 40 |
(b) | the reasons for it and the date on which it was made, |
| |
(c) | the right to appeal against the decision under subsection (7), and |
| |
(d) | the period within which an appeal may be made under that subsection. |
| |
(7) | The person concerned may appeal to a residential property tribunal against the |
| |
decision within the period of 28 days beginning with the date specified under |
| 45 |
subsection (6) as the date on which it was made. |
| |
|
| |
|
| |
|
| |
(a) | is to be by way of a re-hearing, but |
| |
(b) | may be determined having regard to matters of which the authority |
| |
| |
| 5 |
(a) | may confirm or reverse the decision of the authority, and |
| |
(b) | if it reverses the decision, must direct the authority to serve a temporary |
| |
exemption notice that comes into force on such date as the tribunal |
| |
| |
Grant or refusal of licences |
| 10 |
62 | Applications for licences |
| |
(1) | An application for a licence must be made to the local housing authority. |
| |
(2) | The application must be made in accordance with such requirements as the |
| |
| |
(3) | The authority may, in particular, require the application to be accompanied by |
| 15 |
a fee fixed by the authority. |
| |
(4) | The power of the authority to specify requirements under this section is subject |
| |
to any regulations made under subsection (5). |
| |
(5) | The appropriate national authority may by regulations make provision about |
| |
the making of applications under this section. |
| 20 |
(6) | Such regulations may, in particular— |
| |
(a) | specify the manner and form in which applications are to be made; |
| |
(b) | require the applicant to give copies of the application, or information |
| |
about it, to particular persons; |
| |
(c) | specify the information which is to be supplied in connection with |
| 25 |
| |
(d) | specify the maximum fees which are to be charged (whether by |
| |
specifying amounts or methods for calculating amounts); |
| |
(e) | specify cases in which no fees are to be charged or fees are to be |
| |
| 30 |
(7) | When fixing fees under this section, the local housing authority may (subject to |
| |
any regulations made under subsection (5)) take into account— |
| |
(a) | all costs incurred by the authority in carrying out their functions under |
| |
| |
(b) | all costs incurred by them in carrying out their functions under Part 4 |
| 35 |
in relation to HMOs (so far as they are not recoverable under or by |
| |
virtue of any provision of that Part). |
| |
63 | Grant or refusal of licence |
| |
(1) | Where an application in respect of an HMO is made to the local housing |
| |
authority under section 62, the authority may either— |
| 40 |
(a) | grant a licence in accordance with subsection (2), or |
| |
(b) | refuse to grant a licence. |
| |
|
| |
|
| |
|
(2) | If the authority are satisfied as to the matters mentioned in subsection (3), they |
| |
may grant a licence either— |
| |
| |
(b) | to some other person, if both he and the applicant agree. |
| |
| 5 |
(a) | that the house is reasonably suitable for occupation by not more than |
| |
the maximum number of households or persons mentioned in |
| |
subsection (4) or that it can be made so suitable by the imposition of |
| |
conditions under section 66; |
| |
(b) | that the proposed licence holder— |
| 10 |
(i) | is a fit and proper person to be the licence holder, and |
| |
(ii) | is, out of all the persons reasonably available to be the licence |
| |
holder in respect of the house, the most appropriate person to |
| |
| |
(c) | that the proposed manager of the house is either— |
| 15 |
(i) | the person having control of the house, or |
| |
(ii) | a person who is an agent or employee of the person having |
| |
| |
(d) | that the proposed manager of the house is a fit and proper person to be |
| |
the manager of the house; and |
| 20 |
(e) | that the proposed management arrangements for the house are |
| |
| |
(4) | The maximum number of households or persons referred to in subsection |
| |
| |
(a) | the maximum number specified in the application, or |
| 25 |
(b) | some other maximum number decided by the authority. |
| |
(5) | Sections 64 and 65 apply for the purposes of this section. |
| |
64 | Tests as to suitability for multiple occupation |
| |
(1) | The local housing authority cannot be satisfied for the purposes of section |
| |
63(3)(a) that the house is reasonably suitable for occupation by a particular |
| 30 |
maximum number of households or persons if they consider that it fails to |
| |
meet prescribed standards for occupation by that number of households or |
| |
| |
(2) | But the authority may decide that the house is not reasonably suitable for |
| |
occupation by a particular maximum number of households or persons even if |
| 35 |
it does meet prescribed standards for occupation by that number of |
| |
| |
(3) | In this section “prescribed standards” means standards prescribed by |
| |
regulations made by the appropriate national authority. |
| |
(4) | The standards that may be so prescribed include— |
| 40 |
(a) | standards as to the number, type and quality of— |
| |
(i) | bathrooms, toilets, washbasins and showers, |
| |
(ii) | areas for food storage, preparation and cooking, and |
| |
(iii) | laundry facilities, |
| |
| which should be available in particular circumstances; and |
| 45 |
|
| |
|
| |
|
(b) | standards as to the number, type and quality of other facilities or |
| |
equipment which should be available in particular circumstances. |
| |
65 | Tests for fitness etc. and satisfactory management arrangements |
| |
(1) | In deciding for the purposes of section 63(3)(b) or (d) whether a person (“P”) is |
| |
a fit and proper person to be the licence holder or (as the case may be) the |
| 5 |
manager of the house, the local housing authority must have regard (among |
| |
other things) to any evidence within subsection (2) or (3). |
| |
(2) | Evidence is within this subsection if it shows that P has— |
| |
(a) | committed any offence involving fraud or other dishonesty, or violence |
| |
| 10 |
(b) | practised unlawful discrimination on grounds of sex, colour, race, |
| |
ethnic or national origins or disability in, or in connection with, the |
| |
carrying on of any business; |
| |
(c) | contravened any provision of the law relating to housing or of landlord |
| |
| 15 |
(d) | acted otherwise than in accordance with any applicable code of practice |
| |
approved under section 193. |
| |
(3) | Evidence is within this subsection if— |
| |
(a) | it shows that any person associated or formerly associated with P |
| |
(whether on a personal, work or other basis) has done any of the things |
| 20 |
set out in subsection (2)(a) to (d), and |
| |
(b) | it appears to the authority that the evidence is relevant to the question |
| |
whether P is a fit and proper person to be the licence holder or (as the |
| |
case may be) the manager of the house. |
| |
(4) | For the purposes of section 63(3)(b) the local housing authority must assume, |
| 25 |
unless the contrary is shown, that the person having control of the house is a |
| |
more appropriate person to be the licence holder than a person not having |
| |
| |
(5) | In deciding for the purposes of section 63(3)(e) whether the proposed |
| |
management arrangements for the house are otherwise satisfactory, the local |
| 30 |
housing authority must have regard (among other things) to the considerations |
| |
mentioned in subsection (6). |
| |
(6) | The considerations are— |
| |
(a) | whether any person proposed to be involved in the management of the |
| |
house has a sufficient level of competence to be so involved; |
| 35 |
(b) | whether any person proposed to be involved in the management of the |
| |
house (other than the manager) is a fit and proper person to be so |
| |
| |
(c) | whether any proposed management structures and funding |
| |
arrangements are suitable. |
| 40 |
(7) | Any reference in section 63(3)(b)(i) or (ii) or subsection (4) above to a person |
| |
having control of the house, or to being a person of any other description, |
| |
includes a reference to a person who is proposing to have control of the house, |
| |
or (as the case may be) to be a person of that description, at the time when the |
| |
licence would come into force. |
| 45 |
|
| |
|