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Housing Bill


Housing Bill
Part 7 — Supplementary and final provisions

163

 

(3)   

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 (2) apply (reading references to the

living accommodation concerned as references to the flat).

(4)   

A building or a part of a building meets the converted building test if—

5

(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

10

single household (see section 221);

(d)   

the living accommodation is occupied by those persons as their only or

main residence or they are to be treated as so occupying it (see section

222);

(e)   

their occupation of the living accommodation constitutes the only use

15

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.

(5)   

But for any purposes of this Act (other than those of Part 1) a building or part

20

of a building within subsection (1) is not a house in multiple occupation if it is

listed in Schedule 11.

(6)   

The appropriate national authority may by regulations—

(a)   

make such amendments of this section and sections 218 to 222 as the

authority considers appropriate with a view to securing that any

25

building or part of a building of a description specified in the

regulations is or is not to be a house in multiple occupation for any

specified purposes of this Act;

(b)   

make such consequential amendments of any provision of this Act, or

any other enactment, as the authority considers appropriate.

30

(7)   

Regulations under subsection (6) may frame any description by reference to

any matters or circumstances whatever.

(8)   

In this section—

   

“basic amenities” means—

(a)   

a toilet,

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(b)   

personal washing facilities, or

(c)   

cooking facilities;

   

“converted building” means a building or part of a building consisting of

living accommodation which, having regard to the layout of that

accommodation, is not being used for the purpose for which it was

40

constructed;

   

“enactment” includes an enactment comprised in subordinate legislation

(within the meaning of the Interpretation Act 1978 (c. 30);

   

“self-contained flat” means a separate set of premises (whether or not on

the same floor)—

45

(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

 

 

Housing Bill
Part 7 — Supplementary and final provisions

164

 

(c)   

in which all three basic amenities are available for the exclusive

use of its occupants.

218     

HMO declarations

(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

5

“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 217(2)),

10

(b)   

the self-contained flat test (see section 217(3)), or

(c)   

the converted building test (see section 217(4)),

   

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.

15

(3)   

In subsection (2) “the sole use condition” means the condition contained in—

(a)   

section 217(2)(d) (as it applies for the purposes of the standard test or

the self-contained flat test), or

(b)   

section 217(4)(e),

   

as the case may be.

20

(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

25

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.

30

(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—

35

(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

40

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.

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Housing Bill
Part 7 — Supplementary and final provisions

165

 

(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—

5

(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 219 “relevant person”, in relation to an HMO

declaration, means any person who, to the knowledge of the local housing

authority, is—

10

(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)).

15

219     

Revocation of HMO declarations

(1)   

A local housing authority may revoke an HMO declaration served under

section 218 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.

20

(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

25

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

30

(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

35

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.

40

(6)   

The tribunal may—

(a)   

confirm or reverse the decision of the authority, and

(b)   

if it reverses the decision, revoke the HMO declaration.

 

 

Housing Bill
Part 7 — Supplementary and final provisions

166

 

220     

HMOs: certain converted blocks of flats

(1)   

For the purposes of this section a “converted block of flats” means a building

or part of a building which—

(a)   

has been converted into, and

(b)   

consists of,

5

   

self-contained flats.

(2)   

This section applies to a converted block of flats if—

(a)   

building work undertaken in connection with the conversion did not

comply with the appropriate building standards and still does not

comply with them; and

10

(b)   

less than two-thirds of the self-contained flats are owner-occupied.

(3)   

In subsection (2) “appropriate building standards” means—

(a)   

in the case of a converted block of flats—

(i)   

on which building work was completed before 1st June 1992 or

which is dealt with by regulation 20 of the Building Regulations

15

1991 (S.I. 1991/2768), and

(ii)   

which would not have been exempt under those Regulations,

   

building standards equivalent to those imposed, in relation to a

building or part of a building to which those Regulations applied, by

those Regulations as they had effect on 1st June 1992; and

20

(b)   

in the case of any other converted block of flats, the requirements

imposed at the time in relation to it by regulations under section 1 of the

Building Act 1984 (c. 55).

(4)   

For the purposes of subsection (2) a flat is “owner-occupied” if it is occupied—

(a)   

by a person who has a lease of the flat which has been granted for a

25

term of more than 21 years,

(b)   

by a person who has the freehold estate in the converted block of flats,

or

(c)   

by a member of the household of a person within paragraph (a) or (b).

(5)   

The fact that this section applies to a converted block of flats (with the result

30

that it is a house in multiple occupation under section 217(1)(e)), does not affect

the status of any flat in the block as a house in multiple occupation.

(6)   

In this section “self-contained flat” has the same meaning as in section 217.

221     

HMOs: persons not forming a single household

(1)   

This section sets out when persons are to be regarded as not forming a single

35

household for the purposes of section 217.

(2)   

Persons are to be regarded as not forming a single household unless—

(a)   

they are all members of the same family, or

(b)   

their circumstances are circumstances of a description specified for the

purposes of this section in regulations made by the appropriate

40

national authority.

(3)   

For the purposes of subsection (2)(a) a person is a member of the same family

as another person if—

 

 

Housing Bill
Part 7 — Supplementary and final provisions

167

 

(a)   

those persons are married to each other or live together as husband and

wife (or in an equivalent relationship in the case of persons of the same

sex); or

(b)   

one of them is the parent, grandparent, child, grandchild, brother,

sister, uncle, aunt, nephew or niece of the other.

5

(4)   

For those purposes—

(a)   

a relationship by marriage shall be treated as a relationship by blood;

(b)   

a relationship of the half-blood shall be treated as a relationship of the

whole blood; and

(c)   

the stepchild of a person shall be treated as his child.

10

(5)   

Regulations under subsection (2)(b) may, in particular, secure that a group of

persons are to be regarded as forming a single household only where (as the

regulations may require) each member of the group has a prescribed

relationship, or at least one of a number of prescribed relationships, to any one

or more of the others.

15

(6)   

In subsection (5) “prescribed relationship” means any relationship of a

description specified in the regulations.

222     

HMOs: persons treated as occupying premises as only or main residence

(1)   

This section sets out when persons are to be treated for the purposes of section

217 as occupying a building or part of a building as their only or main

20

residence.

(2)   

A person is to be treated as so occupying a building or part of a building if it is

occupied by the person—

(a)   

as the person’s residence for the purpose of undertaking a full-time

course of further or higher education;

25

(b)   

as a refuge, or

(c)   

in any other circumstances which are circumstances of a description

specified for the purposes of this section in regulations made by the

appropriate national authority.

(3)   

In subsection (2)(b) “refuge” means a building or part of a building managed

30

by a voluntary organisation and used wholly or mainly for the temporary

accommodation of persons who have left their homes as a result of—

(a)   

physical violence or mental abuse, or

(b)   

threats of such violence or abuse,

   

from persons to whom they are or were married or with whom they are or were

35

co-habiting.

Other general interpretation provisions

223     

Meaning of “appropriate national authority”, “local housing authority” etc.

(1)   

In this Act “the appropriate national authority” means—

(a)   

in relation to England, the Secretary of State; and

40

(b)   

in relation to Wales, the National Assembly for Wales.

(2)   

In this Act “local housing authority” means, in relation to England—

(a)   

a unitary authority;

 

 

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Part 7 — Supplementary and final provisions

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(b)   

a district council so far as it is not a unitary authority;

(c)   

a London borough council;

(d)   

the Common Council of the City of London (in its capacity as a local

authority);

(e)   

the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the

5

Middle Temple (in his capacity as a local authority); and

(f)   

the Council of the Isles of Scilly.

(3)   

In subsection (2) “unitary authority” means—

(a)   

the council of a county so far as it is the council for an area for which

there are no district councils;

10

(b)   

the council of any district comprised in an area for which there is no

county council.

(4)   

In this Act “local housing authority” means, in relation to Wales, a county

council or a county borough council.

(5)   

References in this Act to “the local housing authority”, in relation to land, are

15

to the local housing authority in whose district the land is situated.

(6)   

References in this Act to the district of a local housing authority are to the area

of the council concerned, that is to say—

(a)   

in the case of a unitary authority, the area or district;

(b)   

in the case of a district council so far as it is not a unitary authority, the

20

district;

(c)   

in the case of an authority within subsection (1)(c) to (f), the London

borough, the City of London, the Inner or Middle Temple or the Isles of

Scilly (as the case may be); and

(d)   

in the case of a Welsh county council or a county borough council, the

25

Welsh county or county borough.

(7)   

Section 618 of the Housing Act 1985 (c. 68) (committees and members of

Common Council of City of London) applies in relation to this Act as it applies

in relation to that Act.

224     

Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

30

(1)   

In this Act “lease” and “tenancy” have the same meaning.

(2)   

Both expressions include—

(a)   

a sub-lease or sub-tenancy; and

(b)   

an agreement for a lease or tenancy (or sub-lease or sub-tenancy).

(3)   

The expressions “lessor” and “lessee” and “landlord” and “tenant” and

35

references to letting, to the grant of a lease or to covenants or terms, are to be

construed accordingly.

(4)   

In this Act “lessee” includes a statutory tenant of the premises; and references

to a lease or to a person to whom premises are let are to be construed

accordingly.

40

(5)   

In this Act any reference to a person who is a tenant under a lease with an

unexpired term of 3 years or less includes a statutory tenant as well as a tenant

under a yearly or other periodic tenancy.

(6)   

In this Act “occupier”, in relation to premises, means a person who—

 

 

Housing Bill
Part 7 — Supplementary and final provisions

169

 

(a)   

occupies the premises as a residence, and

(b)   

(subject to the context) so occupies them whether as a tenant or other

person having an estate or interest in the premises or as a licensee;

   

and related expressions are to be construed accordingly.

This subsection does not apply for the purposes of Part 5 or sections 203 and

5

204.

(7)   

In this Act “owner”, in relation to premises—

(a)   

means a person (other than a mortgagee not in possession) who is for

the time being entitled to dispose of the fee simple of the premises

whether in possession or in reversion; and

10

(b)   

includes also a person holding or entitled to the rents and profits of the

premises under a lease of which the unexpired term exceeds 3 years.

(8)   

In this Act “person having an estate or interest”, in relation to premises,

includes a statutory tenant of the premises.

(9)   

In this Act “licence”, in the context of a licence to occupy premises—

15

(a)   

includes a licence which is not granted for a consideration, but

(b)   

excludes a licence granted as a temporary expedient to a person who

entered the premises as a trespasser (whether or not, before the grant of

the licence, another licence to occupy those or other premises had been

granted to him);

20

   

and related expressions are to be construed accordingly.

225     

Meaning of “person having control” and “person managing” etc.

(1)   

In this Act “person having control”, in relation to premises, means (unless the

context otherwise requires) the person who receives the rack-rent of the

premises (whether on his own account or as agent or trustee of another

25

person), or who would so receive it if the premises were let at a rack-rent.

(2)   

In subsection (1) “rack-rent” means a rent which is not less than two-thirds of

the full net annual value of the premises.

(3)   

In this Act “person managing” means, in relation to premises, the person who,

being an owner or lessee of the premises—

30

(a)   

receives (whether directly or through an agent or trustee) rents or other

payments from—

(i)   

in the case of a house in multiple occupation, persons who are

in occupation as tenants or licensees of parts of the premises;

and

35

(ii)   

in the case of a house to which Part 3 applies (see section 76(2)),

persons who are in occupation as tenants or licensees of parts of

the premises, or of the whole of the premises; or

(b)   

would so receive those rents or other payments but for having entered

into an arrangement (whether in pursuance of a court order or

40

otherwise) with another person who is not an owner or lessee of the

premises by virtue of which that other person receives the rents or other

payments;

   

and includes, where those rents or other payments are received through

another person as agent or trustee, that other person.

45

(4)   

In its application to Part 1, subsection (3) has effect with the omission of

paragraph (a)(ii).

 

 

 
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