Amendments proposed to the Housing Bill, As Amended - continued	House of Commons
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Mr Secretary Prescott

33

Page     44,     line     10     [Clause     66],     leave out 'steps to be taken with a view to controlling the behaviour of' and insert 'the taking of such steps as are reasonably practicable to prevent or reduce anti-social behaviour by'.

   

Dr Desmond Turner
Brian White
Alan Simpson
Mr David Chaytor
Dr Brian Iddon
Dr Ian Gibson

Simon Thomas	Mr David Lepper	Dr Rudi Viz
Mr Clive Betts	Joan Ruddock

2

Page     44,     line     16     [Clause     66],     at end insert—

'(da)

conditions requiring the installation of energy saving measures or efficient heating systems'.

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Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

108

Page     49,     line     16     [Clause     72],     at the end insert 'and

(c)	section 21 of the Housing Act 1988 (c. 50) shall not apply.'.

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Mr Secretary Prescott

34

Page     50,     line     32     [Clause     75],     at end insert—

'Anti-social behaviour

Section 56(5)'.

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Mr Secretary Prescott

14

Page     51,     line     3     [Clause     75],     at end insert—

'Modifications

Section 209(7)'.

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Mr Secretary Prescott

126

Page     159     [Clause     215],     leave out lines 2 to 4 and insert 'that it is a house in multiple occupation under section 213(1)(e)), does not affect the status of any flat in the block as a house in multiple occupation.'.

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NEW CLAUSES RELATING TO THE DEFINITION OF
'HOUSE IN MULTIPLE OCCUPATION'

HMO declarations

   

Mr Secretary Prescott

NC6

To move the following Clause:—

    '(1)   If a local housing authority are satisfied that subsection (2) applies to a building or part of a building in their area, they may serve a notice under this section (an "HMO declaration") declaring the building or part to be a house in multiple occupation.

    (2)   This subsection applies to a building or part of a building if the building or part meets any of the following tests (as it applies without the sole use condition)—

(a)	the standard test (see section 213(1A)),

(b)	the self-contained flat test (see section 213(1B)), or

(c)	the converted building test (see section 213(1C)),

and the occupation, by persons who do not form a single household, of the living accommodation or flat referred to in the test in question constitutes a significant use of that accommodation or flat.

    (3)   In subsection (2) "the sole use condition" means the condition contained in—

(a)	section 213(1A)(d) (as it applies for the purposes of the standard test or the self-contained flat test), or

(b)	section 213(1C)(e),

as the case may be.

    (4)   The notice must—

(a)	state the date of the authority's decision to serve the notice,

(b)	be served on each relevant person within the period of seven days beginning with the date of that decision,

(c)	state the day on which it will come into force if no appeal is made under subsection (9) against the authority's decision, and

(d)	set out the right to appeal against the decision under subsection (9) and the period within which an appeal may be made.

    (5)   The day stated in the notice under subsection (4)(c) must be not less than 28 days after the date of the authority's decision to serve the notice.

    (6)   If no appeal is made under subsection (9) before the end of that period of 28 days, the notice comes into force on the day stated in the notice.

    (7)   If such an appeal is made before the end of that period of 28 days, the notice does not come into force unless and until a decision is given on the appeal which confirms the notice and either—

(a)	the period within which an appeal to the Lands Tribunal may be brought expires without such an appeal having been brought, or

(b)	if an appeal to the Lands Tribunal is brought, a decision is given on the appeal which confirms the notice.

    (8)   For the purposes of subsection (7), the withdrawal of an appeal has the same effect as a decision which confirms the notice appealed against.

    (9)   Any relevant person may appeal to a residential property tribunal against a decision of the local housing authority to serve an HMO declaration.

The appeal must be made within the period of 28 days beginning with the date of the authority's decision.

    (10)   Such an appeal—

(a)	is to be by way of a re-hearing, but

(b)	may be determined having regard to matters of which the authority were unaware.

    (11)   The tribunal may—

(a)	confirm or reverse the decision of the authority, and

(b)	if it reverses the decision, revoke the HMO declaration.

    (12)   In this section and section (Revocation of HMO declarations) "relevant person", in relation to an HMO declaration, means any person who, to the knowledge of the local housing authority, is—

(a)	a person having an estate or interest in the building or part of the building concerned (but is not a tenant under a lease with an unexpired term of 3 years of less), or

(b)	a person managing or having control of that building or part (and not falling within paragraph (a)).'.

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Revocation of HMO declarations

   

Mr Secretary Prescott

NC7

To move the following Clause:—

    '(1)   A local housing authority may revoke an HMO declaration served under section (HMO declarations) at any time if they consider that subsection (2) of that section no longer applies to the building or part of the building in respect of which the declaration was served.

    (2)   The power to revoke an HMO declaration is exercisable by the authority either—

(a)	on an application made by a relevant person, or

(b)	on the authority's own initiative.

    (3)   If, on an application by such a person, the authority decide not to revoke the HMO declaration, they must without delay serve on him a notice informing him of—

(a)	the decision,

(b)	the reasons for it and the date on which it was made,

(c)	the right to appeal against it under subsection (4), and

(d)	the period within which an appeal may be made under that subsection.

    (4)   A person who applies to a local housing authority for the revocation of an HMO declaration under subsection (1) may appeal to a residential property tribunal against a decision of the authority to refuse to revoke the notice.

The appeal must be made within the period of 28 days beginning with the date specified under subsection (3) as the date on which the decision was made.

    (5)   Such an appeal—

(a)	is to be by way of a re-hearing, but

(b)	may be determined having regard to matters of which the authority were unaware.

    (6)   The tribunal may—

(a)	confirm or reverse the decision of the authority, and

(b)	if it reverses the decision, revoke the HMO declaration.'.

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Mr Secretary Prescott

65

Page     217     [Schedule     11],     leave out line 14.

   

Mr Secretary Prescott

66

Page     217,     line     16     [Schedule     11],     at end insert—

'(za)   a local housing authority,'.

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Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

124

Page     218,     line     1     [Schedule     11],     leave out paragraph 5.

   

Mr Secretary Prescott

67

Page     218,     line     3     [Schedule     11],     leave out 'only' and insert 'solely or principally'

   

Mr Secretary Prescott

68

Page     218,     line     20     [Schedule     11],     leave out 'a leasehold estate in it' and insert ', whether in the whole or any part of it, either the freehold estate or a leasehold interest'.

   

Mr Secretary Prescott

69

Page     218,     line     27     [Schedule     11],     at end insert ', except for the purpose of determining the status of any flat in the block'.

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Mr Secretary Prescott

35

Page     58,     line     17     [Clause     86],     at end insert 'or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements)'.

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Mr Secretary Prescott

36

Page     59,     line     15     [Clause     87],     leave out 'steps to be taken with a view to controlling the behaviour of' and insert 'the taking of such steps as are reasonably practicable to prevent or reduce anti-social behaviour by'.

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Mr Secretary Prescott

37

Page     65,     line     34     [Clause     96],     leave out '(1) or (2)'.

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Mr Secretary Prescott

38

Page     68,     line     13     [Clause     98],     after 'interim' insert 'or final'.

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Mr Secretary Prescott

39

Page     70,     line     2     [Clause     100],     leave out from beginning to 'on' in line 4.

   

Mr Secretary Prescott

40

Page     70,     line     33     [Clause     101],     leave out 'the house is not an HMO other than one to which Part 2 of this Act applies,' and insert 'subsection (4) does not apply to the house,'.

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Prepared 7 May 2004