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88 | Licences: general requirements and duration |
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(1) | A licence may not relate to more than one Part 3 house. |
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(2) | A licence may be granted before the time when it is required by virtue of this |
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Part but, if so, the licence cannot come into force until that time. |
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| 5 |
(a) | comes into force at the time that is specified in or determined under the |
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licence for this purpose, and |
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(b) | unless previously terminated by subsection (7) or revoked under |
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section 90, continues in force for the period that is so specified or |
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(4) | That period must not end more than 5 years after— |
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(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 |
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the licence comes into force. |
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(5) | Subsection (3)(b) applies even if, at any time during that period, the house |
| 15 |
concerned subsequently ceases to be a Part 3 house. |
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(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 |
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to be in force on his death. |
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(8) | However, during the period of 3 months beginning with the date of the licence |
| 20 |
holder’s death, the house is to be treated for the purposes of this Part as if on |
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that date a temporary exemption notice had been served in respect of the house |
| |
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(9) | If, at any time during that period (“the initial period”), the personal |
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representatives of the licence holder request the local housing authority to do |
| 25 |
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 |
| |
temporary exemption notice under section 83. |
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(10) | Subsections (6) to (8) of section 83 apply (with any necessary modifications) in |
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relation to a decision by the authority not to serve such a notice as they apply |
| 30 |
in relation to a decision not to serve a temporary exemption notice. |
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Variation and revocation of licences |
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(1) | The local housing authority may vary a licence— |
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(a) | if they do so with the agreement of the licence holder, or |
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(b) | if they consider that there has been a change of circumstances since the |
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time when the licence was granted. |
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For this purpose “change of circumstances” includes any discovery of new |
| |
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(2) | A variation made with the agreement of the licence holder takes effect at the |
| 40 |
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|
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|
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|
(3) | Otherwise, a variation does not come into force until such time, if any, as is the |
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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 |
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made or when decision to vary is confirmed on appeal). |
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(4) | The power to vary a licence under this section is exercisable by the authority |
| 5 |
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(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. |
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(5) | In subsection (4) “relevant person” means any person (other than the licence |
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(a) | who has an estate or interest in the house concerned (but is not a tenant |
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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 |
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fall within paragraph (a)), or |
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(c) | on whom any restriction or obligation is imposed by the licence in |
| 15 |
accordance with section 87(5). |
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90 | Revocation of licences |
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(1) | The local housing authority may revoke a licence— |
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(a) | if they do so with the agreement of the licence holder, |
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(b) | in any of the cases mentioned in subsection (2) (circumstances relating |
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to licence holder or other person), |
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(c) | in any of the cases mentioned in subsection (3) (circumstances relating |
| |
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(d) | in any other circumstances prescribed by regulations made by the |
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appropriate national authority. |
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(2) | The cases referred to in subsection (1)(b) are as follows— |
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(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; |
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(b) | where the authority no longer consider that the licence holder is a fit |
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and proper person to be the licence holder; and |
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(c) | where the authority no longer consider that the management of the |
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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. |
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(3) | The cases referred to in subsection (1)(c) are as follows— |
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(a) | where the house to which the licence relates ceases to be a Part 3 house; |
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(b) | where a licence has been granted under Part 2 in respect of the house; |
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(c) | where the authority consider at any time that, were the licence to expire |
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at that time, they would, for a particular reason relating to the structure |
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of the house, refuse to grant a new licence to the licence holder on |
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similar terms in respect of it. |
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(4) | A revocation made with the agreement of the licence holder takes effect at the |
| |
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(5) | Otherwise, a revocation does not come into force until such time, if any, as is |
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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 |
| 45 |
made or when decision to vary is confirmed on appeal). |
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|
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|
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|
This is subject to subsection (6). |
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(6) | A revocation made in a case within subsection (3)(b) cannot come into force |
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before such time as would be the operative time for the purposes of subsection |
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(5) under paragraph 35 of Schedule 5 on the assumption that paragraph 35 |
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(a) | to an appeal against the Part 2 licence under paragraph 31 of the |
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Schedule as it applies to an appeal under paragraph 32 of the Schedule, |
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(b) | to the period for appealing against the Part 2 licence mentioned in |
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paragraph 33(1) of the Schedule as it applies to the period mentioned in |
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paragraph 33(2) of the Schedule. |
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(7) | The power to revoke a licence under this section is exercisable by the authority |
| |
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(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. |
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(8) | In subsection (7) “relevant person” means any person (other than the licence |
| |
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(a) | who has an estate or interest in the house concerned (but is not a tenant |
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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 |
| 20 |
fall within paragraph (a)), or |
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(c) | on whom any restriction or obligation is imposed by the licence in |
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accordance with section 87(5). |
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91 | Procedural requirements and appeals against licence decisions |
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Schedule 5 (which deals with procedural requirements relating to the grant, |
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refusal, variation or revocation of licences and with appeals against licence |
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decisions) has effect for the purposes of this Part. |
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92 | Offences in relation to licensing of houses under this Part |
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(1) | A person commits an offence if he is a person having control of or managing a |
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house which is required to be licensed under this Part (see section 82(1)) but is |
| |
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(2) | A person commits an offence if— |
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(a) | he is a licence holder or a person on whom restrictions or obligations |
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under a licence are imposed in accordance with section 87(5), and |
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(b) | he fails to comply with any condition of the licence. |
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(3) | In proceedings against a person for an offence under subsection (1) it is a |
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defence that, at the material time— |
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(a) | a notification had been duly given in respect of the house under section |
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(b) | an application for a licence had been duly made in respect of the house |
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|
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|
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| and that notification or application was still effective (see subsection (7)). |
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(4) | In proceedings against a person for an offence under subsection (1) or (2) it is |
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a defence that he had a reasonable excuse— |
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(a) | for having control of or managing the house in the circumstances |
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mentioned in subsection (1), or |
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(b) | for failing to comply with the condition, |
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(5) | A person who commits an offence under subsection (1) is liable on summary |
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conviction to a fine not exceeding £20,000. |
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(6) | A person who commits an offence under subsection (2) is liable on summary |
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conviction to a fine not exceeding level 5 on the standard scale. |
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(7) | For the purposes of subsection (3) a notification or application is “effective” at |
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a particular time if at that time it has not been withdrawn, and either— |
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(a) | the authority have not decided whether to serve a temporary |
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exemption notice, or (as the case may be) grant a licence, in pursuance |
| 15 |
of the notification or application, or |
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(b) | if they have decided not to do so, one of the conditions set out in |
| |
| |
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(a) | that the period for appealing against the decision of the authority not to |
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serve or grant such a notice or licence (or against any relevant decision |
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of a residential property tribunal) has not expired, or |
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(b) | that an appeal has been brought against the authority’s decision (or |
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against any relevant decision of such a tribunal) and the appeal has not |
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been determined or withdrawn. |
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(9) | In subsection (8) “relevant decision” means a decision which is given on an |
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appeal to the tribunal and confirms the authority’s decision (with or without |
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93 | Further sanctions relating to unlicensed Part 3 houses |
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(1) | Subsection (2) applies to any period during which an offence is being |
| 30 |
committed under section 92(1) in respect of a house that is required to be |
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licensed under this Part but is not so licensed. |
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(2) | In respect of any such period— |
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(a) | no rent or licence fee that would (apart from this section) be payable by |
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a person who occupies the house under a tenancy or licence is to be so |
| 35 |
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(b) | no other compensation that would (apart from this section) be payable |
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for use or occupation of the house is to be so payable. |
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(3) | Where any amount within subsection (2) is paid despite not being payable, the |
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amount is recoverable by the person by whom it is paid. |
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(4) | Except to the extent provided by subsection (2), nothing in this Part affects the |
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validity of any tenancy or licence under which a person occupies a Part 3 house |
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during a period to which that subsection applies. |
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|
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|
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(5) | Subsection (2) does not affect the operation of any statutory provision relating |
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to the protection of occupiers of premises that operates by reference to the |
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amount of rent or other sums payable by them. |
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94 | Meaning of “house” etc. |
| 5 |
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| “dwelling” means a building or part of a building occupied or intended to |
| |
be occupied as a separate dwelling; |
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| “house” means a building or part of a building consisting of one or more |
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and references to a house include (where the context permits) any yard, |
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garden, outhouses and appurtenances belonging to, or usually enjoyed with, it |
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95 | Index of defined expressions: Part 3 |
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The following table shows where expressions used in this Part are defined or |
| 15 |
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| | | | | | | | | | | Appropriate national authority |
| | | | | | | | 20 | | | | | | | District of local housing authority |
| | | | | | | | | | | | | | | Licence and licence holder |
| | | 25 | | Licence (to occupy premises) |
| | | | | | | | | | Occupier (and related expressions) |
| | | | | | | | | | | | | 30 | | | | | | | | | | | | | | | | | Person having estate or interest |
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| | | | | | | | | | | Person involved in management |
| | | | | Residential property tribunal |
| | | | | | | | 5 |
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Additional control provisions in relation to residential accommodation |
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96 | Interim and final management orders: introductory |
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(1) | Sections 97 to 122 deal with the making by a local housing authority of— |
| 10 |
(a) | an interim management order (see section 97), or |
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(b) | a final management order (see section 107), |
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in respect of an HMO or a Part 3 house. |
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(2) | Section 98 deals with the making of an interim management order in respect of |
| |
a house to which that section applies. |
| 15 |
(3) | An interim management order is an order (expiring not more than 12 months |
| |
after it is made) which is made for the purpose of securing that the following |
| |
steps are taken in relation to the house— |
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(a) | any immediate steps which the authority consider necessary to protect |
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the health, safety or welfare of persons occupying the house, or persons |
| 20 |
occupying or having an estate or interest in any premises in the vicinity, |
| |
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(b) | any other steps which the authority think appropriate with a view to |
| |
the proper management of the house pending the grant of a licence |
| |
under Part 2 or 3 in respect of the house or the making of a final |
| 25 |
management order in respect of it (or, if appropriate, the revocation of |
| |
the interim management order). |
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(4) | A final management order is an order (expiring not more than 5 years after it |
| |
is made) which is made for the purpose of securing the proper management of |
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the house on a long-term basis in accordance with a management scheme |
| 30 |
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(5) | The appropriate national authority may by regulations provide for— |
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(a) | any provision of this Part, or |
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(b) | section 220(1) or (2) (in its operation for the purposes of any such |
| |
| 35 |
| to have effect in relation to a section 215 HMO with such modifications as are |
| |
prescribed by the regulations. |
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| A “section 215 HMO” is an HMO which is a converted block of flats to which |
| |
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| 40 |
|
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|
| |
|
| “HMO” means a house in multiple occupation as defined by sections 213 |
| |
| |
| “Part 3 house” means a house to which Part 3 of this Act applies (see |
| |
| |
and any reference to an HMO or Part 3 house includes (where the context |
| 5 |
permits) a reference to any yard, garden, outhouses and appurtenances |
| |
belonging to, or usually enjoyed with, it (or any part of it). |
| |
(7) | In this Part any reference to “the house”, in relation to an interim or final |
| |
management order (other than an order under section 97(7)), is a reference to |
| |
the HMO or Part 3 house to which the order relates. |
| 10 |
(8) | Subsection (7) has effect subject to sections 97(8) and 107(7) (exclusion of part |
| |
occupied by resident landlord). |
| |
Interim management orders: making and operation of orders |
| |
97 | Making of interim management orders |
| |
(1) | A local housing authority— |
| 15 |
(a) | are under a duty to make an interim management order in respect of a |
| |
house in a case within subsection (2) or (3), and |
| |
(b) | have power to make an interim management order in respect of a house |
| |
in a case within subsection (4) or (7). |
| |
(2) | The authority must make an interim management order in respect of a house |
| 20 |
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(a) | it is an HMO or a Part 3 house which is required to be licensed under |
| |
Part 2 or Part 3 (see section 60(1) or 82(1)) but is not so licensed, and |
| |
(b) | they consider either— |
| |
(i) | that there is no reasonable prospect of its being so licensed in |
| 25 |
| |
(ii) | that the health and safety condition is satisfied (see section 99). |
| |
(3) | The authority must make an interim management order in respect of a house |
| |
| |
(a) | it is an HMO or a Part 3 house which is required to be licensed under |
| 30 |
Part 2 or Part 3 and is so licensed, |
| |
(b) | they have revoked the licence concerned but the revocation is not yet in |
| |
| |
(c) | they consider either— |
| |
(i) | that, on the revocation coming into force, there will be no |
| 35 |
reasonable prospect of the house being so licensed in the near |
| |
| |
(ii) | that, on the revocation coming into force, the health and safety |
| |
condition will be satisfied (see section 99). |
| |
(4) | The authority may make an interim management order in respect of a house |
| 40 |
| |
(a) | it is an HMO other than one that is required to be licensed under Part |
| |
| |
(b) | on an application by the authority to a residential property tribunal, the |
| |
tribunal by order authorises them to make such an order; |
| 45 |
|
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|