Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Part 2 — Licensing of houses in multiple occupation
44

66
Licence conditions
(1)
A licence may include such conditions as the local housing authority consider
appropriate for regulating all or any of the following—
(a)
the management, use and occupation of the house concerned, and
(b)
its condition and contents.
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(2)
Those conditions may, in particular, include (so far as appropriate in the
circumstances)—
(a)
conditions imposing restrictions or prohibitions on the use or
occupation of particular parts of the house by persons occupying it;
(b)
conditions requiring steps to be taken with a view to controlling the
10
behaviour of persons occupying or visiting the house;
(c)
conditions requiring facilities and equipment to be made available in
the house for the purpose of meeting standards prescribed under
section 64;
(d)
conditions requiring such facilities and equipment to be kept in repair
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and proper working order;
(e)
conditions requiring, in the case of any works needed in order for any
such facilities or equipment to be made available or to meet any such
standards, that the works are carried out within such period or periods
as may be specified in, or determined under, the licence;
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(f)
conditions requiring the licence holder or the manager of the house to
attend training courses in relation to any applicable code of practice
approved under section 193.
(3)
A licence must include the conditions required by Schedule 4.
(4)
As regards the relationship between the authority’s power to impose
25
conditions under this section and functions exercisable by them under or for
the purposes of Part 1 (“Part 1 functions”)—
(a)
the authority must proceed on the basis that, in general, they should
seek to identify, remove or reduce category 1 or category 2 hazards in
the house by the exercise of Part 1 functions and not by means of licence
30
conditions;
(b)
this does not, however, prevent the authority from imposing licence
conditions relating to the installation or maintenance of facilities or
equipment within subsection (2)(c) above, even if the same result could
be achieved by the exercise of Part 1 functions;
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(c)
the fact that licence conditions are imposed for a particular purpose
that could be achieved by the exercise of Part 1 functions does not affect
the way in which Part 1 functions can be subsequently exercised by the
authority.
(5)
A licence may not include conditions imposing restrictions or obligations on a
40
particular person other than the licence holder unless that person has
consented to the imposition of the restrictions or obligations.
(6)
A licence may not include conditions requiring (or intended to secure) any
alteration in the terms of any tenancy or licence under which any person
occupies the house.
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67
Licences: general requirements and duration
(1)
A licence may not relate to more than one HMO.

Housing Bill
Part 2 — Licensing of houses in multiple occupation
45

(2)
A licence may be granted before the time when it is required by virtue of this
Part but, if so, the licence cannot come into force until that time.
(3)
A licence—
(a)
comes into force at the time that is specified in or determined under the
licence for this purpose, and
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(b)
unless previously terminated by subsection (7) or revoked under
section 69, continues in force for the period that is so specified or
determined.
(4)
That period must not end more than 5 years after—
(a)
the date on which the licence was granted, or
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(b)
if the licence was granted as mentioned in subsection (2), the date when
the licence comes into force.
(5)
Subsection (3)(b) applies even if, at any time during that period, the HMO
concerned subsequently ceases to be one to which this Part applies.
(6)
A licence may not be transferred to another person.
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(7)
If the holder of the licence dies while the licence is in force, the licence ceases
to be in force on his death.
(8)
However, during the period of 3 months beginning with the date of the licence
holder’s death, the house is to be treated for the purposes of this Part and Part
3 as if on that date a temporary exemption notice had been served in respect of
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the house under section 61.
(9)
If, at any time during that period (“the initial period”), the personal
representatives of the licence holder request the local housing authority to do
so, the authority may serve on them a notice which, during the period of 3
months after the date on which the initial period ends, has the same effect as a
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temporary exemption notice under section 61.
(10)
Subsections (6) to (8) of section 61 apply (with any necessary modifications) in
relation to a decision by the authority not to serve such a notice as they apply
in relation to a decision not to serve a temporary exemption notice.
Variation and revocation of licences
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68
Variation of licences
(1)
The local housing authority may vary a licence—
(a)
if they do so with the agreement of the licence holder, or
(b)
if they consider that there has been a change of circumstances since the
time when the licence was granted.
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For this purpose “change of circumstances” includes any discovery of new
information.
(2)
Subsection (3) applies where the authority—
(a)
are considering whether to vary a licence under subsection (1)(b); and
(b)
are considering—
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(i)
what number of households or persons is appropriate as the
maximum number authorised to occupy the HMO to which the
licence relates, or

Housing Bill
Part 2 — Licensing of houses in multiple occupation
46

(ii)
the standards applicable to occupation by a particular number
of households or persons.
(3)
The authority must apply the same standards in relation to the circumstances
existing at the time when they are considering whether to vary the licence as
were applicable at the time when it was granted.
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This is subject to subsection (4).
(4)
If the standards—
(a)
prescribed under section 64, and
(b)
applicable at the time when the licence was granted,

have subsequently been revised or superseded by provisions of regulations
10
under that section, the authority may apply the new standards.
(5)
A variation made with the agreement of the licence holder takes effect at the
time when it is made.
(6)
Otherwise, a variation does not come into force until such time, if any, as is the
operative time for the purposes of this subsection under paragraph 35 of
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Schedule 5 (time when period for appealing expires without an appeal being
made or when decision to vary is confirmed on appeal).
(7)
The power to vary a licence under this section is exercisable by the authority
either—
(a)
on an application made by the licence holder or a relevant person, or
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(b)
on the authority’s own initiative.
(8)
In subsection (7) “relevant person” means any person (other than the licence
holder)—
(a)
who has an estate or interest in the HMO concerned (but is not a tenant
under a lease with an unexpired term of 3 years or less), or
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(b)
who is a person managing or having control of the house (and does not
fall within paragraph (a)), or
(c)
on whom any restriction or obligation is imposed by the licence in
accordance with section 66(5).
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Revocation of licences
30
(1)
The local housing authority may revoke a licence—
(a)
if they do so with the agreement of the licence holder;
(b)
in any of the cases mentioned in subsection (2) (circumstances relating
to licence holder or other person);
(c)
in any of the cases mentioned in subsection (3) (circumstances relating
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to HMO concerned); or
(d)
in any other circumstances prescribed by regulations made by the
appropriate national authority.
(2)
The cases referred to in subsection (1)(b) are as follows—
(a)
where the authority consider that the licence holder or any other person
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has failed to comply with a condition of the licence;
(b)
where the authority no longer consider that the licence holder is a fit
and proper person to be the licence holder; and
(c)
where the authority no longer consider that the management of the
house is being carried on by persons who are in each case fit and proper
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persons to be involved in its management.

Housing Bill
Part 2 — Licensing of houses in multiple occupation
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(3)
The cases referred to in subsection (1)(c) are as follows—
(a)
where the HMO to which the licence relates ceases to be an HMO to
which this Part applies; and
(b)
where the authority consider at any time that, were the licence to expire
at that time, they would, for a particular reason relating to the structure
5
of the HMO, refuse to grant a new licence to the licence holder on
similar terms in respect of it.
(4)
Subsection (5) applies where the authority are considering whether to revoke
a licence by virtue of subsection (3)(b) on the grounds that the HMO is not
reasonably suitable for the number of households or persons specified in the
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licence as the maximum number authorised to occupy the house.
(5)
The authority must apply the same standards in relation to the circumstances
existing at the time when they are considering whether to revoke the licence as
were applicable at the time when it was granted.
This is subject to subsection (6).
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(6)
If the standards—
(a)
prescribed under section 64, and
(b)
applicable at the time when the licence was granted,

have subsequently been revised or superseded by provisions of regulations
under that section, the authority may apply the new standards.
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(7)
A revocation made with the agreement of the licence holder takes effect at the
time when it is made.
(8)
Otherwise, a revocation does not come into force until such time, if any, as is
the operative time for the purposes of this subsection under paragraph 35 of
Schedule 5 (time when period for appealing expires without an appeal being
25
made or when decision to vary is confirmed on appeal).
(9)
The power to revoke a licence under this section is exercisable by the authority
either—
(a)
on an application made by the licence holder or a relevant person, or
(b)
on the authority’s own initiative.
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(10)
In subsection (8) “relevant person” means any person (other than the licence
holder)—
(a)
who has an estate or interest in the HMO concerned (but is not a tenant
under a lease with an unexpired term of 3 years or less), or
(b)
who is a person managing or having control of that house (and does not
35
fall within paragraph (a)), or
(c)
on whom any restriction or obligation is imposed by the licence in
accordance with section 66(5).
Procedure and appeals
70
Procedural requirements and appeals against licence decisions
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Schedule 5 (which deals with procedural requirements relating to the grant,
refusal, variation or revocation of licences and with appeals against licence
decisions) has effect for the purposes of this Part.