Amendments proposed to the Housing Bill, As Amended - continued | House of Commons |
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Mr Charles Kennedy 108 Page 49, line 16 [Clause 72], at the end insert 'and
Mr Secretary Prescott 34 Page 50, line 32 [Clause 75], at end insert
Mr Secretary Prescott 14 Page 51, line 3 [Clause 75], at end insert
NEW CLAUSES AND AMENDMENTS RELATING TO THE DEFINITION OF
HMO declarations |
(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)), |
(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), |
(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. |
(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. |
(9) Any relevant person may appeal to a residential property tribunal against a decision of the local housing authority to serve an HMO declaration.
(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. |
(a) | confirm or reverse the decision of the authority, and |
(b) | if it reverses the decision, revoke the HMO declaration. |
(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)).'. |
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. |
(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. |
(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. |
(a) | confirm or reverse the decision of the authority, and |
(b) | if it reverses the decision, revoke the HMO declaration.'. |
Mr Secretary Prescott
125
Page 2, line 41 [Clause 1], leave out from 'persons' to the end of line 43 and insert 'who form a single household.'.
Mr Secretary Prescott
50
Page 156, line 19 [Clause 213], leave out subsection (1) and insert'(1) For the purposes of this Act a building or a part of a building is a "house in multiple occupation" if
(a) | it meets the conditions in subsection (1A) ("the standard test"); |
(b) | it meets the conditions in subsection (1B) ("the self-contained flat test"); |
(c) | it meets the conditions in subsection (1C) ("the converted building test"); |
(d) | a declaration notice is in force in respect of it under section (HMO declarations); or |
(e) | it is a converted block of flats to which section 215 applies. |
(a) | it consists of one or more units of living accommodation not consisting of a self-contained flat or flats; |
(b) | the living accommodation is occupied by persons who do not form a single household (see section 216); |
(c) | the living accomodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 217); |
(d) | their occupation of the living accommodation constitutes the only use of that accommodation; |
(e) | rents are payable or other consideration is to be provided by at least one of those persons in respect of their occupation of the living accommodation; and |
(f) | two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities. |
(a) | it consists of a self-contained flat; and |
(b) | paragraphs (b) to (f) of subsection (1A) apply (reading references to the living accommodation concerned as references to the flat). |
(a) | it is a converted building; |
(b) | it contains one or more units of living accommodation that do not consist of a self-contained flat or flats (whether or not it also contains any such flat or flats); |
(c) | the living accommodation is occupied by persons who do not form a single household (see section 216); |
(d) | the living accomodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 217); |
(e) | their occupation of the living accommodation constitutes the only use of that accommodation; and |
(f) | rents are payable or other consideration is to be provided by at least one of those persons in respect of their occupation of the living accommodation.'. |
Mr Secretary Prescott
51
Page 157, line 13 [Clause 213], leave out from 'a' to 'is' in line 15 and insert 'building or part of a building consisting of living accommodation which, having regard to the layout of that accommodation,'.
Mr Secretary Prescott
52
Page 157 [Clause 213], leave out line 19 and insert'"self-contained flat" means a separate set of premises (whether or not on the same floor)
(a) | which forms part of a building; |
(b) | either the whole or a material part of which lies above or below some other part of the building; and |
(c) | in which all three basic amenities are available for the exclusive use of its occupants.'. |
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©Parliamentary copyright 2004 | Prepared 11 May 2004 |