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Housing Bill


Housing Bill
Part 1 — Housing conditions
Chapter 4 — Demolition orders and slum clearance declarations

31

 

(b)   

that the other buildings (if any) in the area are dangerous or

harmful to the health or safety of the inhabitants of the area.

(2ZB)   

The local housing authority may declare an area to be a clearance area

if they are satisfied that—

(a)   

that each of the residential buildings in the area contains a

5

category 2 hazard,

(b)   

that the other buildings (if any) in the area are dangerous or

harmful to the health or safety of the inhabitants of the area, and

(c)   

the circumstances of the case are circumstances specified or

described in an order made by the Secretary of State.

10

   

Subsection (8) of section 265 applies in relation to an order under this

subsection as it applies in relation to an order under subsection (3) or

(4) of that section.

(2ZC)   

In this section “residential buildings” means buildings which are

dwellings or houses in multiple occupation or contain one or more flats.

15

   

This is subject to subsection (2ZD).

(2ZD)   

For the purposes of subsection (2) or (2ZB)—

(a)   

subsection (2ZC) applies as if “two or more flats” were

substituted for “one or more flats”; and

(b)   

a residential building containing two or more flats is only to be

20

treated as containing a category 1 or 2 hazard if two or more of

the flats within it contain such a hazard.

(2ZE)   

Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).”

Appeals

47      

Transfer of jurisdiction in respect of appeals relating to demolition orders etc.

25

(1)   

Part 9 of the Housing Act 1985 (c. 68) (slum clearance) is further amended as

follows.

(2)   

In section 269 (right of appeal against demolition order etc.)—

(a)   

in subsection (1), for “the county court” substitute “a residential

property tribunal”;

30

(b)   

in subsection (3), for “court” substitute “tribunal”; and

(c)   

in subsection (6)(a) and (b), for “Court of Appeal” substitute “Lands

Tribunal”.

(3)   

In section 272 (demolition orders)—

(a)   

in subsection (2), for “the court” in the first place it appears substitute

35

“a residential property tribunal”, and in the second place it appears

substitute “such a tribunal”;

(b)   

in subsection (5), for the words from the beginning to “and has”

substitute “A residential property tribunal has jurisdiction to hear and

determine proceedings under subsection (1) (as well as those under

40

subsection (2)), and a county court has”; and

(c)   

in subsection (6), for “the court” substitute “a tribunal or court”.

(4)   

In section 317 (power of court to determine lease where premises demolished

etc.)—

 

 

Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action

32

 

(a)   

in subsection (1), for “the county court” substitute “a residential

property tribunal”; and

(b)   

in subsections (2) and (3), for “court” substitute “tribunal”.

(5)   

In section 318 (power of court to authorise execution of works on unfit

premises or for improvement)—

5

(a)   

in the sidenote, for “court” substitute “tribunal”;

(b)   

in subsection (1), for “the court” in the first place it appears substitute

“a residential property tribunal”, and in the second place it appears

substitute “the tribunal”;

(c)   

in subsections (2) and (3), for “court” substitute “tribunal”; and

10

(d)   

omit subsection (4).

Chapter 5

General and miscellaneous provisions relating to enforcement action

Recovery of expenses relating to enforcement action

48      

Power to charge for certain enforcement action

15

(1)   

A local housing authority may make such reasonable charge as they consider

appropriate as a means of recovering certain administrative and other

expenses incurred by them in—

(a)   

serving an improvement notice under section 10 or 11;

(b)   

making a prohibition order under section 19 or 20;

20

(c)   

serving a hazard awareness notice under section 27 or 28;

(d)   

taking emergency remedial action under section 39;

(e)   

making an emergency prohibition order under section 42; or

(f)   

making a demolition order under section 265 of the Housing Act 1985

(c. 68).

25

(2)   

The expenses are, in the case of the service of an improvement notice or a

hazard awareness notice, the expenses incurred in—

(a)   

determining whether to serve the notice,

(b)   

identifying any action to be specified in the notice, and

(c)   

serving the notice.

30

(3)   

The expenses are, in the case of emergency remedial action under section 39,

the expenses incurred in—

(a)   

determining whether to take such action, and

(b)   

serving the notice required by subsection (7) of that section.

(4)   

The expenses are, in the case of a prohibition order under section 19 or 20 of

35

this Act, an emergency prohibition order under section 42 or a demolition

order under section 265 of the Housing Act 1985, the expenses incurred in—

(a)   

determining whether to make the order, and

(b)   

serving copies of the order on persons as owners of premises.

(5)   

A local housing authority may make such reasonable charge as they consider

40

appropriate as a means of recovering expenses incurred by them in—

(a)   

carrying out any review under section 16 or 25, or

 

 

Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action

33

 

(b)   

serving copies of the authority’s decision on such a review.

(6)   

The amount of the charge may not exceed such amount as is specified by order

of the appropriate national authority.

(7)   

Where a tribunal allows an appeal against the underlying notice or order

mentioned in subsection (1), it may make such order as it considers

5

appropriate reducing, quashing, or requiring the repayment of, any charge

under this section made in respect of the notice or order.

49      

Recovery of charge under section 48

(1)   

This section relates to the recovery by a local housing authority of a charge

made by them under section 48.

10

(2)   

In the case of—

(a)   

an improvement notice under section 10 or 11, or

(b)   

a hazard awareness notice under section 27 or 28,

the charge may be recovered from the person on whom the notice is served.

(3)   

In the case of emergency remedial action under section 39, the charge may be

15

recovered from the person served with the notice required by subsection (7) of

that section.

(4)   

In the case of—

(a)   

a prohibition order under section 19 or 20,

(b)   

an emergency prohibition order under section 42, or

20

(c)   

a demolition order under section 265 of the Housing Act 1985 (c. 68),

   

the charge may be recovered from any person on whom a copy of the order is

served as an owner of the premises.

(5)   

A demand for payment of the charge must be served on the person from whom

the authority seek to recover it.

25

(6)   

The demand becomes operative, if no appeal is brought against the underlying

notice or order, at the end of the period of 21 days beginning with the date of

service of the demand.

(7)   

The sum recoverable by the authority is, until recovered, a charge on the

premises concerned.

30

(8)   

The charge takes effect when the demand becomes operative.

(9)   

For the purpose of enforcing the charge the authority have the same powers

and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if

they were mortgagees by deed having powers of sale and lease, of accepting

surrenders of leases and of appointing a receiver.

35

(10)   

The power of appointing a receiver is exercisable at any time after the end of

the period of one month beginning with the date on which the charge takes

effect.

(11)   

The appropriate national authority may by regulations prescribe the form of,

and the particulars to be contained in, a demand for payment of any charge

40

under section 48.

 

 

Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action

34

 

Repeals

50      

Repeal of power to improve existing enforcement procedures

Omit section 86 of the Housing Grants, Construction and Regeneration Act

1996 (c. 53) (power to improve existing enforcement procedures in relation to

unfitness for human habitation etc.).

5

51      

Repeal of provisions relating to demolition of obstructive buildings

Omit sections 283 to 288 of the Housing Act 1985 (c. 68) (demolition of

obstructive buildings).

52      

Miscellaneous repeals etc. in relation to fire hazards

(1)   

In the London Building Acts (Amendment) Act 1939 (c. xcvii)—

10

(a)   

omit section 35(1)(c)(i) (protection against fire in certain old buildings

let in flats or tenements);

(b)   

in section 36(1) (projecting shops in which persons are employed or

sleep) omit “or sleep”; and

(c)   

in section 37(1) (means of access to roofs), in paragraph (b) for the

15

words from “except” onwards substitute “except to the extent that it is

occupied for residential purposes;”.

(2)   

In the County of Merseyside Act 1980 (c. x) omit section 48 (means of escape

from fire) and section 49(1) and (2) (maintenance of means of escape from fire).

(3)   

In the Building Act 1984 (c. 55) omit section 72(6)(a) (means of escape from fire

20

in case of certain buildings let in flats or tenements).

(4)   

In the Leicestershire Act 1985 (c. xvii) omit section 54(6)(a) (means of escape

from fire in case of certain buildings used as flats or tenements).

Index

53      

Index of defined expressions: Part 1

25

The following table shows where expressions used in this Part are defined or

otherwise explained.

 

Expression

Provision of this Act

 
 

Appropriate national authority

Section 223(1)

 
 

Building containing one or more flats

Section 1(5)

 

30

 

Category 1 hazard

Section 2(1)

 
 

Category 2 hazard

Section 2(1)

 
 

Common parts

Section 1(5)

 
 

Compliance with improvement notice

Section 29(2)

 
 

 

Housing Bill
Part 1 — Housing conditions
Chapter 5 — General and miscellaneous provisions relating to enforcement action

35

 
 

Expression

Provision of this Act

 
 

District of local housing authority

Section 223(6)

 
 

Dwelling

Section 1(5), (6)

 
 

External common parts

Section 1(5)

 
 

Flat

Section 1(5) to (7)

 

5

 

Hazard

Section 2(1)

 
 

Hazard awareness notice

Section 27(2) or 28(2)

 
 

Health

Section 2(5)

 
 

HMO

Section 1(5), (6) (and

 
  

see also section 1(8))

 

10

 

Improvement notice

Section 10(2) or 11(2)

 
 

Lease, lessee etc.

Section 224(1) to (4)

 
 

Local housing authority

Section 223(2) to (5)

 
 

Occupier (and related expressions)

Section 224(6)

 
 

Owner

Section 224(7)

 

15

 

Person having control

Section 225(1) and (2)

 
 

Person managing

Section 225(3) and (4)

 
 

Prohibition order

Section 19(2) or 20(2)

 
 

Remedial action

Section 10(8)

 
 

Residential premises

Section 1(4)

 

20

 

Residential property tribunal

Section 194

 
 

Specified premises, in relation to an

Section 12(5)

 
 

improvement notice

  
 

Specified premises, in relation to a

Section 21(10)

 
 

prohibition order

  

25

 

Tenancy, tenant

Section 224(1) to (5)

 
 

Unoccupied HMO accommodation

Section 1(5) (and see

 
  

also section 1(8)).

 
 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

36

 

Part 2

Licensing of houses in multiple occupation

Introductory

54      

Licensing of HMOs to which this Part applies

(1)   

This Part provides for HMOs to be licensed by local housing authorities

5

where—

(a)   

they are HMOs to which this Part applies (see subsection (2)), and

(b)   

they are required to be licensed under this Part (see section 60(1)).

(2)   

This Part applies to the following HMOs in the case of each local housing

authority—

10

(a)   

any HMO in the authority’s district which falls within any prescribed

description of HMO, and

(b)   

if an area is for the time being designated by the authority under section

55 as subject to additional licensing, any HMO in that area which falls

within any description of HMO specified in the designation.

15

(3)   

The appropriate national authority may by order prescribe descriptions of

HMOs for the purposes of subsection (2)(a).

(4)   

The power conferred by subsection (3) may be exercised in such a way that this

Part applies to all HMOs in the district of a local housing authority.

(5)   

Every local housing authority have the following general duties—

20

(a)   

to make such arrangements as are necessary to secure the effective

implementation in their district of the licensing regime provided for by

this Part;

(b)   

to ensure that all applications for licences and other issues falling to be

determined by them under this Part are determined within a

25

reasonable time; and

(c)   

to satisfy themselves, as soon as is reasonably practicable, that there are

no Part 1 functions that ought to be exercised by them in relation to the

premises in respect of which such applications are made.

(6)   

For the purposes of subsection (5)(c)—

30

(a)   

“Part 1 function” means any duty under section 5 to take any course of

action to which that section applies or any power to take any course of

action to which section 7 applies; and

(b)   

the authority may take such steps as they consider appropriate

(whether or not involving an inspection) to comply with their duty

35

under subsection (5)(c) in relation to each of the premises in question,

but they must in any event comply with it within the period of 5 years

beginning with the date of the application for a licence.

Designation of additional licensing areas

55      

Designation of areas subject to additional licensing

40

(1)   

A local housing authority may designate either—

(a)   

the area of their district, or

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

37

 

(b)   

an area in their district,

   

as subject to additional licensing in relation to a description of HMOs specified

in the designation, if the requirements of this section are met.

(2)   

The authority must consider that a significant proportion of the HMOs of that

description in the area are being managed sufficiently ineffectively as to give

5

rise, or to be likely to give rise, to one or more particular problems either for

those occupying the HMOs or for members of the public.

(3)   

Before making a designation the authority must—

(a)   

take reasonable steps to consult persons who are likely to be affected by

the designation; and

10

(b)   

consider any representations made in accordance with the consultation

and not withdrawn.

(4)   

The power to make a designation under this section may be exercised in such

a way that this Part applies to all HMOs in the area in question.

(5)   

In forming an opinion as to the matter mentioned in subsection (2), the

15

authority must have regard to any information regarding the extent to which

any codes of practice approved under section 197 have been complied with by

persons managing HMOs in the area in question.

(6)   

Section 56 applies for the purposes of this section.

56      

Designations under section 55: further considerations

20

(1)   

This section applies to the power of a local housing authority to make

designations under section 55.

(2)   

The authority must ensure that any exercise of the power is consistent with the

authority’s overall housing strategy.

(3)   

The authority must also seek to adopt a co-ordinated approach in connection

25

with dealing with homelessness, empty properties and anti-social behaviour

affecting the private rented sector, both—

(a)   

as regards combining licensing under this Part with other courses of

action available to them, and

(b)   

as regards combining such licensing with measures taken by other

30

persons.

(4)   

The authority must not make a particular designation under section 55

unless—

(a)   

they have considered whether there are any other courses of action

available to them (of whatever nature) that might provide an effective

35

method of dealing with the problem or problems in question, and

(b)   

they consider that making the designation will significantly assist them

to deal with the problem or problems (whether or not they take any

other course of action as well).

(5)   

In this Act “anti-social behaviour” means conduct on the part of occupiers of,

40

or visitors to, residential premises—

(a)   

which causes or is likely to cause a nuisance or annoyance to persons

residing, visiting or otherwise engaged in lawful activities in the

locality of such premises, or

 

 

 
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