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

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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.'.


   

Mr Secretary Prescott

34

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

'Anti-social behaviourSection 56(5)'.


   

Mr Secretary Prescott

14

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

'ModificationsSection 209(7)'.


NEW CLAUSES AND AMENDMENTS 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)).'.


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.'.


   

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.

    (1A)   A building or a part of a building meets the standard test if—

      (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.

    (1B)   A part of a building meets the self-contained flat test if—

      (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).

    (1C)   A building or a part of a building meets the converted building test if—

      (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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