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Housing Bill


Housing Bill
Part 2 — Licensing of houses in multiple occupation

38

 

(b)   

which involves or is likely to involve the use of such premises for illegal

purposes.

57      

Designation needs confirmation or general approval to be effective

(1)   

A designation of an area as subject to additional licensing cannot come into

force unless—

5

(a)   

it has been confirmed by the appropriate national authority; or

(b)   

it falls within a description of designations in relation to which that

authority has given a general approval in accordance with subsection

(6).

(2)   

The appropriate national authority may either confirm, or refuse to confirm, a

10

designation as it considers appropriate.

(3)   

If the appropriate national authority confirms a designation, the designation

comes into force on the date specified for this purpose by that authority.

(4)   

That date must be no earlier than three months after the date on which the

designation is confirmed.

15

(5)   

A general approval may be given in relation to a description of designations

framed by reference to any matters or circumstances.

(6)   

Accordingly a general approval may (in particular) be given in relation to—

(a)   

designations made by a specified local housing authority;

(b)   

designations made by a local housing authority falling within a

20

specified description of such authorities;

(c)   

designations relating to HMOs of a specified description.

“Specified” means specified by the appropriate national authority in the

approval.

(7)   

If, by virtue of a general approval, a designation does not need to be confirmed

25

before it comes into force, the designation comes into force on the date

specified for this purpose in the designation.

(8)   

That date must be no earlier than three months after the date on which the

designation is made.

58      

Notification requirements relating to designations

30

(1)   

This section applies to a designation—

(a)   

when it is confirmed under section 57, or

(b)   

(if it is not required to be so confirmed) when it is made by the local

housing authority.

(2)   

As soon as the designation is confirmed or made, the authority must publish in

35

the prescribed manner a notice stating—

(a)   

that the designation has been made,

(b)   

whether or not the designation was required to be confirmed and either

that it has been confirmed or that a general approval under section 57

applied to it (giving details of the approval in question),

40

(c)   

the date on which the designation is to come into force, and

(d)   

any other information which may be prescribed.

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

39

 

(3)   

After publication of a notice under subsection (1), and for as long as the

designation is in force, the local housing authority must make available to the

public in accordance with any prescribed requirements—

(a)   

copies of the designation, and

(b)   

such information relating to the designation as is prescribed.

5

(4)   

In this section “prescribed” means prescribed by regulations made by the

appropriate national authority.

59      

Duration, review and revocation of designations

(1)   

Unless previously revoked under subsection (4), a designation ceases to have

effect at the time that is specified for this purpose in the designation.

10

(2)   

That time must be no later than five years after the date on which the

designation comes into force.

(3)   

A local housing authority must from time to time review the operation of any

designation made by them.

(4)   

If following a review they consider it appropriate to do so, the authority may

15

revoke the designation.

(5)   

If they do revoke the designation, the designation ceases to have effect at the

time that is specified by the authority for this purpose.

(6)   

On revoking a designation the authority must publish notice of the revocation

in such manner as is prescribed by regulations made by the appropriate

20

national authority.

HMOs required to be licensed

60      

Requirement for HMOs to be licensed

(1)   

Every HMO to which this Part applies must be licensed under this Part

unless—

25

(a)   

a temporary exemption notice is in force in relation to it under section

61, or

(b)   

an interim or final management order is in force in relation to it under

Part 4.

(2)   

A licence under this Part is a licence authorising occupation of the house

30

concerned by not more than a maximum number of households or persons

specified in the licence.

(3)   

Sections 62 to 66 deal with applications for licences, the granting or refusal of

licences and the imposition of licence conditions.

(4)   

The local housing authority must take all reasonable steps to secure that

35

applications for licences are made to them in respect of HMOs in their area

which are required to be licensed under this Part but are not.

(5)   

The appropriate national authority may by regulations provide for—

(a)   

any provision of this Part, or

(b)   

section 225 (in its operation for the purposes of any such provision),

40

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

40

 

to have effect in relation to a section 220 HMO with such modifications as are

prescribed by the regulations.

A “section 220 HMO” is an HMO which is a converted block of flats to which

section 220 applies.

(6)   

In this Part (unless the context otherwise requires)—

5

(a)   

references to a licence are to a licence under this Part,

(b)   

references to a licence holder are to be read accordingly, and

(c)   

references to an HMO being (or not being) licensed under this Part are

to its being (or not being) an HMO in respect of which a licence is in

force under this Part.

10

61      

Temporary exemption from licensing requirement

(1)   

This section applies where a person having control of or managing an HMO

which is required to be licensed under this Part (see section 60(1)) but is not so

licensed, notifies the local housing authority of his intention to take particular

steps with a view to securing that the house is no longer required to be

15

licensed.

(2)   

The authority may, if they think fit, serve on that person a notice under this

section (“a temporary exemption notice”) in respect of the house.

(3)   

If a temporary exemption notice is served under this section, the house is (in

accordance with sections 60(1) and 82(1)) not required to be licensed either

20

under this Part or under Part 3 during the period for which the notice is in

force.

(4)   

A temporary exemption notice under this section is in force—

(a)   

for the period of 3 months beginning with the date on which it is

served, or

25

(b)   

(in the case of a notice served by virtue of subsection (5)) for the period

of 3 months after the date when the first notice ceases to be in force.

(5)   

If the authority—

(a)   

receive a further notification under subsection (1), and

(b)   

consider that there are exceptional circumstances that justify the service

30

of a second temporary exemption notice in respect of the house that

would take effect from the end of the period of 3 months applying to

the first notice,

   

the authority may serve a second such notice on the person having control of

or managing the house (but no further notice may be served by virtue of this

35

subsection).

(6)   

If the authority decide not to serve a temporary exemption notice in response

to a notification under subsection (1), they must without delay serve on the

person concerned a notice informing him of—

(a)   

the decision,

40

(b)   

the reasons for it and the date on which it was made,

(c)   

the right to appeal against the decision under subsection (7), and

(d)   

the period within which an appeal may be made under that subsection.

(7)   

The person concerned may appeal to a residential property tribunal against the

decision within the period of 28 days beginning with the date specified under

45

subsection (6) as the date on which it was made.

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

41

 

(8)   

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.

(9)   

The tribunal—

5

(a)   

may confirm or reverse the decision of the authority, and

(b)   

if it reverses the decision, must direct the authority to serve a temporary

exemption notice that comes into force on such date as the tribunal

directs.

Grant or refusal of licences

10

62      

Applications for licences

(1)   

An application for a licence must be made to the local housing authority.

(2)   

The application must be made in accordance with such requirements as the

authority may specify.

(3)   

The authority may, in particular, require the application to be accompanied by

15

a fee fixed by the authority.

(4)   

The power of the authority to specify requirements under this section is subject

to any regulations made under subsection (5).

(5)   

The appropriate national authority may by regulations make provision about

the making of applications under this section.

20

(6)   

Such regulations may, in particular—

(a)   

specify the manner and form in which applications are to be made;

(b)   

require the applicant to give copies of the application, or information

about it, to particular persons;

(c)   

specify the information which is to be supplied in connection with

25

applications;

(d)   

specify the maximum fees which are to be charged (whether by

specifying amounts or methods for calculating amounts);

(e)   

specify cases in which no fees are to be charged or fees are to be

refunded.

30

(7)   

When fixing fees under this section, the local housing authority may (subject to

any regulations made under subsection (5)) take into account—

(a)   

all costs incurred by the authority in carrying out their functions under

this Part, and

(b)   

all costs incurred by them in carrying out their functions under Part 4

35

in relation to HMOs (so far as they are not recoverable under or by

virtue of any provision of that Part).

63      

Grant or refusal of licence

(1)   

Where an application in respect of an HMO is made to the local housing

authority under section 62, the authority may either—

40

(a)   

grant a licence in accordance with subsection (2), or

(b)   

refuse to grant a licence.

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

42

 

(2)   

If the authority are satisfied as to the matters mentioned in subsection (3), they

may grant a licence either—

(a)   

to the applicant, or

(b)   

to some other person, if both he and the applicant agree.

(3)   

The matters are—

5

(a)   

that the house is reasonably suitable for occupation by not more than

the maximum number of households or persons mentioned in

subsection (4) or that it can be made so suitable by the imposition of

conditions under section 66;

(b)   

that the proposed licence holder—

10

(i)   

is a fit and proper person to be the licence holder, and

(ii)   

is, out of all the persons reasonably available to be the licence

holder in respect of the house, the most appropriate person to

be the licence holder;

(c)   

that the proposed manager of the house is either—

15

(i)   

the person having control of the house, or

(ii)   

a person who is an agent or employee of the person having

control of the house;

(d)   

that the proposed manager of the house is a fit and proper person to be

the manager of the house; and

20

(e)   

that the proposed management arrangements for the house are

otherwise satisfactory.

(4)   

The maximum number of households or persons referred to in subsection

(3)(a) is—

(a)   

the maximum number specified in the application, or

25

(b)   

some other maximum number decided by the authority.

(5)   

Sections 64 and 65 apply for the purposes of this section.

64      

Tests as to suitability for multiple occupation

(1)   

The local housing authority cannot be satisfied for the purposes of section

63(3)(a) that the house is reasonably suitable for occupation by a particular

30

maximum number of households or persons if they consider that it fails to

meet prescribed standards for occupation by that number of households or

persons.

(2)   

But the authority may decide that the house is not reasonably suitable for

occupation by a particular maximum number of households or persons even if

35

it does meet prescribed standards for occupation by that number of

households or persons.

(3)   

In this section “prescribed standards” means standards prescribed by

regulations made by the appropriate national authority.

(4)   

The standards that may be so prescribed include—

40

(a)   

standards as to the number, type and quality of—

(i)   

bathrooms, toilets, washbasins and showers,

(ii)   

areas for food storage, preparation and cooking, and

(iii)   

laundry facilities,

   

which should be available in particular circumstances; and

45

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

43

 

(b)   

standards as to the number, type and quality of other facilities or

equipment which should be available in particular circumstances.

65      

Tests for fitness etc. and satisfactory management arrangements

(1)   

In deciding for the purposes of section 63(3)(b) or (d) whether a person (“P”) is

a fit and proper person to be the licence holder or (as the case may be) the

5

manager of the house, the local housing authority must have regard (among

other things) to any evidence within subsection (2) or (3).

(2)   

Evidence is within this subsection if it shows that P has—

(a)   

committed any offence involving fraud or other dishonesty, or violence

or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act

10

2003 (c. 42) (offences attracting notification requirements);

(b)   

practised unlawful discrimination on grounds of sex, colour, race,

ethnic or national origins or disability in, or in connection with, the

carrying on of any business;

(c)   

contravened any provision of the law relating to housing or of landlord

15

and tenant law; or

(d)   

acted otherwise than in accordance with any applicable code of practice

approved under section 197.

(3)   

Evidence is within this subsection if—

(a)   

it shows that any person associated or formerly associated with P

20

(whether on a personal, work or other basis) has done any of the things

set out in subsection (2)(a) to (d), and

(b)   

it appears to the authority that the evidence is relevant to the question

whether P is a fit and proper person to be the licence holder or (as the

case may be) the manager of the house.

25

(4)   

For the purposes of section 63(3)(b) the local housing authority must assume,

unless the contrary is shown, that the person having control of the house is a

more appropriate person to be the licence holder than a person not having

control of it.

(5)   

In deciding for the purposes of section 63(3)(e) whether the proposed

30

management arrangements for the house are otherwise satisfactory, the local

housing authority must have regard (among other things) to the considerations

mentioned in subsection (6).

(6)   

The considerations are—

(a)   

whether any person proposed to be involved in the management of the

35

house has a sufficient level of competence to be so involved;

(b)   

whether any person proposed to be involved in the management of the

house (other than the manager) is a fit and proper person to be so

involved; and

(c)   

whether any proposed management structures and funding

40

arrangements are suitable.

(7)   

Any reference in section 63(3)(b)(i) or (ii) or subsection (4) above to a person

having control of the house, or to being a person of any other description,

includes a reference to a person who is proposing to have control of the house,

or (as the case may be) to be a person of that description, at the time when the

45

licence would come into force.

 

 

 
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