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Housing Bill


Housing Bill
Schedule 11 — Buildings which are not HMOs (except in Part 1)

226

 

Schedule 11

Section 217

 

Buildings which are not HMOs (except in Part 1)

Introduction: buildings (or parts) which are not HMOs (except in Part 1)

1     (1)  

The following paragraphs list buildings which are not houses in multiple

occupation for any purposes of this Act other than those of Part 1.

5

      (2)  

In this Schedule “building” includes a part of a building.

Buildings controlled or managed by public sector bodies etc.

2     (1)  

A building where the person managing or having control of it is—

(a)   

a local housing authority,

(b)   

a body which is registered as a social landlord under Part 1 of the

10

Housing Act 1996 (c. 52),

(c)   

a police authority established under section 3 of the Police Act 1996

(c. 16),

(d)   

the Metropolitan Police Authority established under section 5B of

that Act,

15

(e)   

a fire authority, or

(f)   

a health service body within the meaning of section 4 of the National

Health Service and Community Care Act 1990 (c. 19).

      (2)  

In sub-paragraph (1)(e) “fire authority” means—

(a)   

a fire authority constituted by a combination scheme under the Fire

20

Services Act 1947 (c. 41),

(b)   

a metropolitan county fire and defence authority,

(c)   

the London Fire and Emergency Planning Authority, or

(d)   

a county council acting as the fire authority for its area under section

4 of the Fire Services Act 1947.

25

Buildings regulated otherwise than under this Act

3          

Any building whose occupation is regulated otherwise than by or under this

Act and which is of a description specified for the purposes of this

paragraph in regulations made by the appropriate national authority.

Buildings occupied by students

30

4     (1)  

Any building—

(a)   

which is occupied solely or principally by persons who occupy it for

the purpose of undertaking a full-time course of further or higher

education at a specified educational establishment or at an

educational establishment of a specified description, and

35

(b)   

where the person managing or having control of it is the educational

establishment in question or a specified person or a person of a

specified description.

      (2)  

In sub-paragraph (1) “specified” means specified for the purposes of this

paragraph in regulations made by the appropriate national authority.

40

 

 

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Schedule 12 — Minor and consequential amendments

227

 

Buildings occupied by religious communities

5     (1)  

Any building which is occupied principally for the purposes of a religious

community whose principal occupation is prayer, contemplation, education

or the relief of suffering.

      (2)  

This paragraph does not apply in the case of a converted block of flats to

5

which section 220 applies.

Buildings occupied under long leases

6     (1)  

Any building which is occupied by—

(a)   

one or more persons who have, whether in the whole or any part of

it, either the freehold estate or a leasehold interest granted for a term

10

of more than 21 years;

(b)   

any member of the household of such a person or persons; and

(c)   

no more than such other number of persons as is specified for the

purposes of this paragraph in regulations made by the appropriate

national authority.

15

      (2)  

This paragraph does not apply in the case of a converted block of flats to

which section 220 applies, except for the purpose of determining the status

of any flat in the block.

Buildings occupied by two persons

7          

Any building which is occupied only by two persons who form two

20

households.

Schedule 12

Section 226(1)

 

Minor and consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

1     (1)  

Section 11A of the Parliamentary Commissioner Act 1967 (consultation

25

between Parliamentary Commissioner and Welsh Administration

Ombudsman or Health Service Commissioners) is amended as follows.

      (2)  

In the sidenote for “Welsh Administration Ombudsman or Health Service

Commissioners” substitute “other Commissioners or Ombudsmen”

      (3)  

In subsection (1)—

30

(a)   

after “Ombudsman” insert “, of the Social Housing Ombudsman for

Wales”; and

(b)   

in paragraph (b) for “or” substitute “, under regulations under

section 51B of the Housing Act 1996 or under”.

      (4)  

In subsection (2) after “Ombudsman” insert “, the Social Housing

35

Ombudsman for Wales”.

Land Compensation Act 1973 (c. 26)

2          

In section 29(7) of the Land Compensation Act 1973 (right to home loss

payment where person displaced from dwelling) after paragraph (c)

 

 

Housing Bill
Schedule 12 — Minor and consequential amendments

228

 

insert—

“(d)   

a prohibition order under section 19 or 20 of the Housing Act

2004.”

Local Government Act 1974 (c. 7)

3     (1)  

Section 33 of the Local Government Act 1974 (consultation between the

5

Local Commissioner, other commissioners and the Welsh Administration

Ombudsman) is amended as follows.

      (2)  

In the sidenote for “the Parliamentary Commissioner and the Health Service

Commissioners” substitute “and other Commissioners and Ombudsmen”.

      (3)  

In subsection (1)—

10

(a)   

after paragraph (a) insert—

“(aza)   

by the Social Housing Ombudsman for Wales, in

accordance with regulations under section 51B of the

Housing Act 1996,”;

(b)   

omit “the” after “appropriate Commissioner or”; and

15

(c)   

after “the Act of 1967” insert “, under the Housing Act 1996”.

      (4)  

In subsection (2)—

(a)   

after “Parliamentary Commissioner” insert “, the Social Housing

Ombudsman for Wales”; and

(b)   

omit “the” after “that Commissioner or”.

20

      (5)  

In subsection (5) after “1967” insert “, in paragraph 13(1) of Schedule 2A to

the Housing Act 1996”.

Greater London Council (General Powers) Act 1981 (c. xvii)

4          

In section 9(1) of the Greater London Council (General Powers) Act 1981—

(a)   

for from “a registration scheme” to “section 354 of that Act,”

25

substitute “a licence under Part 2 of the Housing Act 2004”; and

(b)   

for “358” substitute “113”.

Housing Act 1985 (c. 68)

5          

The Housing Act 1985 has effect subject to the following amendments.

6          

In section 8(2) (periodical review of housing needs) for “section 605”

30

substitute “section 3 of the Housing Act 2004”.

7          

For section 252(c) (definition of “house in multiple occupation” for purposes

of Part 8) substitute—

“(c)   

“house in multiple occupation” means a house in multiple

occupation as defined by sections 217 to 222 of the Housing

35

Act 2004, as they have effect for the purposes of Part 1 of that

Act (that is, without the exclusions contained in Schedule 11

to that Act), but does not include any part of such a house

which is occupied as a separate dwelling by persons who

form a single household.”

40

8          

For section 268 (service of notice of demolition and closing orders)

 

 

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Schedule 12 — Minor and consequential amendments

229

 

substitute—

“268  Service of notice of demolition order

(1)   

The local housing authority shall serve a demolition order made by

them by serving a copy of the order on—

(a)   

every owner or occupier of the premises to which the order

5

relates;

(b)   

every person who, to their knowledge, is entitled or

authorised to permit persons to occupy the premises; and

(c)   

every person who, to their knowledge, is a mortgagee of the

premises.

10

(2)   

For the purposes of subsection (1)(a) a copy of a demolition order

shall be taken to have been served on every occupier of the premises

if it is fixed to a conspicuous part of the premises.

(3)   

Any reference in subsections (1) and (2) to “the premises”, in the case

of an order which relates to a building containing one or more flats,

15

includes a reference to the flat or flats concerned.

(4)   

An order against which no appeal is brought becomes operative at

the end of the period of 21 days from the date of service of the order

and is final and conclusive as to matters which could have been

raised on an appeal.”

20

9          

After section 269 (right of appeal against demolition order) insert—

“269A Appeals suggesting certain other courses of action

(1)   

One ground of appeal under section 269 in relation to a demolition

order made under section 265 is that a course of action mentioned in

subsection (2) is the best course of action in relation to the hazard

25

concerned.

(2)   

The courses of action are—

(a)   

serving an improvement notice under section 10 or 11 of the

Housing Act 2004;

(b)   

making a prohibition order under section 19 or 20 of that Act;

30

(c)   

serving a hazard awareness notice under section 27 or 28 of

that Act; or

(d)   

declaring the area in which the premises concerned are

situated to be a clearance area in accordance with section 289

of this Act.

35

(3)   

Subsection (4) applies where—

(a)   

a residential property tribunal is hearing an appeal under

section 269 in relation to a demolition order made under

section 265; and

(b)   

the grounds on which the appeal is brought are or include the

40

ground that a course of action mentioned in subsection (2) is

the best course of action in relation to each hazard concerned.

(4)   

The tribunal shall have regard to any guidance given to the local

housing authority under section 8 of the Housing Act 2004.

(5)   

Subsection (6) applies where—

45

 

 

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Schedule 12 — Minor and consequential amendments

230

 

(a)   

an appeal under section 269 is allowed against a demolition

order made under section 265; and

(b)   

the reason or one of the reasons for allowing the appeal is that

a course of action mentioned in subsection (2) is the best

course of action in relation to the hazard concerned.

5

(6)   

The tribunal shall, if requested to do so by the appellant or the local

housing authority, include in its decision a finding to that effect and

identifying the course of action concerned.

(7)   

Subsection (1) of this section is without prejudice to the generality of

section 269.”

10

10         

In section 274 (demolition orders: power to permit reconstruction of

condemned house) for subsections (2) to (5) substitute—

“(2)   

If the authority are satisfied that the result of the works will be—

(a)   

in the case of a demolition order made under section 265(1) or

(2), that the hazard concerned ceases to be a category 1

15

hazard, or

(b)   

in the case of a demolition order made under section 265(3) or

(4), that a prescribed state of affairs exists,

   

they may, in order that the person submitting the proposals may

have an opportunity of carrying out the works, extend for such

20

period as they may specify the time within which the owner of the

premises is required under section 271 to demolish them.

(3)   

In subsection (2) “prescribed state of affairs” means such state of

affairs as may be specified or described in an order made by the

Secretary of State.

25

(4)   

An order under subsection (3)—

(a)   

may make different provision for different cases or

descriptions of case (including different provision for

different areas);

(b)   

may contain such incidental, supplementary, consequential,

30

transitory, transitional or saving provision as the Secretary of

State considers appropriate; and

(c)   

shall be made by statutory instrument which shall be subject

to annulment in pursuance of a resolution of either House of

Parliament.

35

(5)   

That time may be further extended by the authority, once or more

often as the case may require, if—

(a)   

the works have begun and appear to the authority to be

making satisfactory progress, or

(b)   

though they have not begun, the authority think there has

40

been no unreasonable delay.

(6)   

Where the authority determine to extend, or further extend, the time

within which the owner of any premises is required under section

271 to demolish them, notice of the determination shall be served by

the authority on every person having an interest in the premises or

45

part of the premises, whether as freeholder, mortgagee or otherwise.

(7)   

If the works are completed to the satisfaction of the authority they

shall revoke the demolition order (but without prejudice to any

 

 

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Schedule 12 — Minor and consequential amendments

231

 

subsequent proceedings under this Part or Part 1 of the Housing Act

2004).”

11         

After section 274 insert—

“274A Effect of certain enforcement action under the Housing Act 2004

A demolition order which has been made in respect of any premises

5

shall cease to have effect if an interim or final management order

under Part 4 of the Housing Act 2004 comes into force in relation to

the premises.”

12         

For section 275 (demolition orders: substitution of closing orders)

substitute—

10

“275  Demolition orders: substitution of prohibition order to permit use

otherwise than for human habitation

(1)   

If—

(a)   

an owner of any premises in respect of which a demolition

order has become operative, or

15

(b)   

any other person who has an interest in the premises,

   

submits proposals to the local housing authority for the use of the

premises for a purpose other than human habitation, the authority

may, if they think fit, determine the demolition order and make a

prohibition order under section 19 or 20 of the Housing Act 2004 in

20

respect of the hazard concerned.

(2)   

The authority shall serve notice that the demolition order has been

determined, and a copy of the prohibition order, on every person on

whom they are required by Part 1 of Schedule 2 to the Housing Act

2004 to serve a copy of the prohibition order.”

25

13    (1)  

Section 289 (declaration of clearance area) is amended as follows.

      (2)  

In subsection (2F)(b) for “are unfit for human habitation” substitute “contain

category 1 or category 2 hazards”.

      (3)  

In subsection (3)—

(a)   

in sub-paragraph (i), for the words from “unfit” to “health” substitute

30

“dangerous or harmful to health or safety”; and

(b)   

in sub-paragraph (ii), for “injurious to health” substitute “harmful to

health or safety”.

14         

For section 300 (purchase of houses liable to be demolished or closed)

substitute—

35

“300  Purchase of houses liable to be demolished or to be subject to a

prohibition order

(1)   

Where—

(a)   

the local housing authority would be required under section

265(1) or (2) to make a demolition order in respect of a

40

dwelling, a house in multiple occupation or a building

containing one or more flats, and

(b)   

it appears to them that the dwelling, house in multiple

occupation or, as the case may be, building is or can be

rendered capable of providing accommodation of a standard

45

which is adequate for the time being,

 

 

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Schedule 12 — Minor and consequential amendments

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they may purchase it instead.

(2)   

Where—

(a)   

the local housing authority would be required under section

5 of the Housing Act 2004 to make a relevant prohibition

order in respect of a dwelling, a house in multiple occupation

5

or a building containing one or more flats, and

(b)   

it appears to them that the dwelling, house in multiple

occupation or, as the case may be, building is or can be

rendered capable of providing accommodation of a standard

which is adequate for the time being,

10

   

they may purchase it instead.

(3)   

In subsection (2) “relevant prohibition order” means a prohibition

order under section 19 of the Housing Act 2004 which prohibits the

use of the dwelling, house in multiple occupation or building for all

purposes unless a purpose is approved by the authority.

15

(4)   

Where an authority have determined to purchase any premises

under subsection (1)—

(a)   

they shall serve a notice of their determination on the persons

on whom they would have been required by section 268(1) to

serve a copy of a demolition order, and

20

(b)   

sections 268(4) and 269(1), (2), (3) and (6) (operative date and

right of appeal) apply to such a notice as they apply to a

demolition order.

(5)   

Where an authority have determined to purchase any premises

under subsection (2)—

25

(a)   

they shall serve a notice of their determination on the persons

on whom they would have been required by Part 1 of

Schedule 2 to the Housing Act 2004 (service of prohibition

orders) to serve a copy of the relevant prohibition order; and

(b)   

section 23 of that Act and Parts 1 and 3 of that Schedule

30

(operative date, right of appeal etc.) apply to such a notice as

they apply to a prohibition order which is not suspended or

to appeals against such an order (as the case may be).

(6)   

At any time after the notice has become operative the authority may

purchase the dwelling, house in multiple occupation or building by

35

agreement or be authorised by the Secretary of State to purchase it

compulsorily.

(7)   

This section does not apply where section 304(1) applies (listed

building or building protected pending listing).”

15         

For section 304 (closing orders in relation to listed buildings) substitute—

40

“304  Demolition order not to be made in respect of listed building

(1)   

A local housing authority shall not make a demolition order under

section 265 (power to make a demolition order) in respect of a listed

building.

(2)   

Where a dwelling, house in multiple occupation or building in

45

respect of which a demolition order has been made becomes a listed

 

 

 
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