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Housing Bill


Housing Bill
Part 2 — Licensing of houses in multiple occupation

44

 

66      

Licence conditions

(1)   

A licence may include such conditions as the local housing authority consider

appropriate for regulating all or any of the following—

(a)   

the management, use and occupation of the house concerned, and

(b)   

its condition and contents.

5

(2)   

Those conditions may, in particular, include (so far as appropriate in the

circumstances)—

(a)   

conditions imposing restrictions or prohibitions on the use or

occupation of particular parts of the house by persons occupying it;

(b)   

conditions requiring the taking of such steps as are reasonably

10

practicable to prevent or reduce anti-social behaviour by persons

occupying or visiting the house;

(c)   

conditions requiring facilities and equipment to be made available in

the house for the purpose of meeting standards prescribed under

section 64;

15

(d)   

conditions requiring such facilities and equipment to be kept in repair

and proper working order;

(e)   

conditions requiring, in the case of any works needed in order for any

such facilities or equipment to be made available or to meet any such

standards, that the works are carried out within such period or periods

20

as may be specified in, or determined under, the licence;

(f)   

conditions requiring the licence holder or the manager of the house to

attend training courses in relation to any applicable code of practice

approved under section 197.

(3)   

A licence must include the conditions required by Schedule 4.

25

(4)   

As regards the relationship between the authority’s power to impose

conditions under this section and functions exercisable by them under or for

the purposes of Part 1 (“Part 1 functions”)—

(a)   

the authority must proceed on the basis that, in general, they should

seek to identify, remove or reduce category 1 or category 2 hazards in

30

the house by the exercise of Part 1 functions and not by means of licence

conditions;

(b)   

this does not, however, prevent the authority from imposing licence

conditions relating to the installation or maintenance of facilities or

equipment within subsection (2)(c) above, even if the same result could

35

be achieved by the exercise of Part 1 functions;

(c)   

the fact that licence conditions are imposed for a particular purpose

that could be achieved by the exercise of Part 1 functions does not affect

the way in which Part 1 functions can be subsequently exercised by the

authority.

40

(5)   

A licence may not include conditions imposing restrictions or obligations on a

particular person other than the licence holder unless that person has

consented to the imposition of the restrictions or obligations.

(6)   

A licence may not include conditions requiring (or intended to secure) any

alteration in the terms of any tenancy or licence under which any person

45

occupies the house.

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

45

 

67      

Licences: general requirements and duration

(1)   

A licence may not relate to more than one HMO.

(2)   

A licence may be granted before the time when it is required by virtue of this

Part but, if so, the licence cannot come into force until that time.

(3)   

A licence—

5

(a)   

comes into force at the time that is specified in or determined under the

licence for this purpose, and

(b)   

unless previously terminated by subsection (7) or revoked under

section 69, continues in force for the period that is so specified or

determined.

10

(4)   

That period must not end more than 5 years after—

(a)   

the date on which the licence was granted, or

(b)   

if the licence was granted as mentioned in subsection (2), the date when

the licence comes into force.

(5)   

Subsection (3)(b) applies even if, at any time during that period, the HMO

15

concerned subsequently ceases to be one to which this Part applies.

(6)   

A licence may not be transferred to another person.

(7)   

If the holder of the licence dies while the licence is in force, the licence ceases

to be in force on his death.

(8)   

However, during the period of 3 months beginning with the date of the licence

20

holder’s death, the house is to be treated for the purposes of this Part and Part

3 as if on that date a temporary exemption notice had been served in respect of

the house under section 61.

(9)   

If, at any time during that period (“the initial period”), the personal

representatives of the licence holder request the local housing authority to do

25

so, the authority may serve on them a notice which, during the period of 3

months after the date on which the initial period ends, has the same effect as a

temporary exemption notice under section 61.

(10)   

Subsections (6) to (8) of section 61 apply (with any necessary modifications) in

relation to a decision by the authority not to serve such a notice as they apply

30

in relation to a decision not to serve a temporary exemption notice.

Variation and revocation of licences

68      

Variation of licences

(1)   

The local housing authority may vary a licence—

(a)   

if they do so with the agreement of the licence holder, or

35

(b)   

if they consider that there has been a change of circumstances since the

time when the licence was granted.

For this purpose “change of circumstances” includes any discovery of new

information.

(2)   

Subsection (3) applies where the authority—

40

(a)   

are considering whether to vary a licence under subsection (1)(b); and

(b)   

are considering—

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

46

 

(i)   

what number of households or persons is appropriate as the

maximum number authorised to occupy the HMO to which the

licence relates, or

(ii)   

the standards applicable to occupation by a particular number

of households or persons.

5

(3)   

The authority must apply the same standards in relation to the circumstances

existing at the time when they are considering whether to vary the licence as

were applicable at the time when it was granted.

This is subject to subsection (4).

(4)   

If the standards—

10

(a)   

prescribed under section 64, and

(b)   

applicable at the time when the licence was granted,

   

have subsequently been revised or superseded by provisions of regulations

under that section, the authority may apply the new standards.

(5)   

A variation made with the agreement of the licence holder takes effect at the

15

time when it is made.

(6)   

Otherwise, a variation does not come into force until such time, if any, as is the

operative time for the purposes of this subsection under paragraph 35 of

Schedule 5 (time when period for appealing expires without an appeal being

made or when decision to vary is confirmed on appeal).

20

(7)   

The power to vary a licence under this section is exercisable by the authority

either—

(a)   

on an application made by the licence holder or a relevant person, or

(b)   

on the authority’s own initiative.

(8)   

In subsection (7) “relevant person” means any person (other than the licence

25

holder)—

(a)   

who has an estate or interest in the HMO concerned (but is not a tenant

under a lease with an unexpired term of 3 years or less), or

(b)   

who is a person managing or having control of the house (and does not

fall within paragraph (a)), or

30

(c)   

on whom any restriction or obligation is imposed by the licence in

accordance with section 66(5).

69      

Revocation of licences

(1)   

The local housing authority may revoke a licence—

(a)   

if they do so with the agreement of the licence holder;

35

(b)   

in any of the cases mentioned in subsection (2) (circumstances relating

to licence holder or other person);

(c)   

in any of the cases mentioned in subsection (3) (circumstances relating

to HMO concerned); or

(d)   

in any other circumstances prescribed by regulations made by the

40

appropriate national authority.

(2)   

The cases referred to in subsection (1)(b) are as follows—

(a)   

where the authority consider that the licence holder or any other person

has failed to comply with a condition of the licence;

(b)   

where the authority no longer consider that the licence holder is a fit

45

and proper person to be the licence holder; and

 

 

Housing Bill
Part 2 — Licensing of houses in multiple occupation

47

 

(c)   

where the authority no longer consider that the management of the

house is being carried on by persons who are in each case fit and proper

persons to be involved in its management.

(3)   

The cases referred to in subsection (1)(c) are as follows—

(a)   

where the HMO to which the licence relates ceases to be an HMO to

5

which this Part applies; and

(b)   

where the authority consider at any time that, were the licence to expire

at that time, they would, for a particular reason relating to the structure

of the HMO, refuse to grant a new licence to the licence holder on

similar terms in respect of it.

10

(4)   

Subsection (5) applies where the authority are considering whether to revoke

a licence by virtue of subsection (3)(b) on the grounds that the HMO is not

reasonably suitable for the number of households or persons specified in the

licence as the maximum number authorised to occupy the house.

(5)   

The authority must apply the same standards in relation to the circumstances

15

existing at the time when they are considering whether to revoke the licence as

were applicable at the time when it was granted.

This is subject to subsection (6).

(6)   

If the standards—

(a)   

prescribed under section 64, and

20

(b)   

applicable at the time when the licence was granted,

   

have subsequently been revised or superseded by provisions of regulations

under that section, the authority may apply the new standards.

(7)   

A revocation made with the agreement of the licence holder takes effect at the

time when it is made.

25

(8)   

Otherwise, a revocation does not come into force until such time, if any, as is

the operative time for the purposes of this subsection under paragraph 35 of

Schedule 5 (time when period for appealing expires without an appeal being

made or when decision to vary is confirmed on appeal).

(9)   

The power to revoke a licence under this section is exercisable by the authority

30

either—

(a)   

on an application made by the licence holder or a relevant person, or

(b)   

on the authority’s own initiative.

(10)   

In subsection (9) “relevant person” means any person (other than the licence

holder)—

35

(a)   

who has an estate or interest in the HMO concerned (but is not a tenant

under a lease with an unexpired term of 3 years or less), or

(b)   

who is a person managing or having control of that house (and does not

fall within paragraph (a)), or

(c)   

on whom any restriction or obligation is imposed by the licence in

40

accordance with section 66(5).

 

 

 
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