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Housing Bill


Housing Bill
Part 3 — Selective licensing of other residential accommodation

61

 

Variation and revocation of licences

89      

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

(b)   

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

5

time when the licence was granted.

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

information.

(2)   

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

time when it is made.

10

(3)   

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).

(4)   

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

15

either—

(a)   

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

(b)   

on the authority’s own initiative.

(5)   

In subsection (4) “relevant person” means any person (other than the licence

holder)—

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(a)   

who has an estate or interest in the house 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

(c)   

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

25

accordance with section 87(5).

90      

Revocation of licences

(1)   

The local housing authority may revoke a licence—

(a)   

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

(b)   

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

30

to licence holder or other person),

(c)   

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

to house concerned), or

(d)   

in any other circumstances prescribed by regulations made by the

appropriate national authority.

35

(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

and proper person to be the licence holder; and

40

(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—

 

 

Housing Bill
Part 3 — Selective licensing of other residential accommodation

62

 

(a)   

where the house to which the licence relates ceases to be a Part 3 house;

(b)   

where a licence has been granted under Part 2 in respect of the house;

(c)   

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 house, refuse to grant a new licence to the licence holder on

5

similar terms in respect of it.

(4)   

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

time when it is made.

(5)   

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

10

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

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

This is subject to subsection (6).

(6)   

A revocation made in a case within subsection (3)(b) cannot come into force

before such time as would be the operative time for the purposes of subsection

15

(5) under paragraph 35 of Schedule 5 on the assumption that paragraph 35

applied—

(a)   

to an appeal against the Part 2 licence under paragraph 31 of the

Schedule as it applies to an appeal under paragraph 32 of the Schedule,

and

20

(b)   

to the period for appealing against the Part 2 licence mentioned in

paragraph 33(1) of the Schedule as it applies to the period mentioned in

paragraph 33(2) of the Schedule.

(7)   

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

either—

25

(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

holder)—

(a)   

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

30

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

(c)   

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

accordance with section 87(5).

35

Procedure and appeals

91      

Procedural requirements and appeals against licence decisions

Schedule 5 (which deals with procedural requirements relating to the grant,

refusal, variation or revocation of licences and with appeals against licence

decisions) has effect for the purposes of this Part.

40

 

 

Housing Bill
Part 3 — Selective licensing of other residential accommodation

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Enforcement

92      

Offences in relation to licensing of houses under this Part

(1)   

A person commits an offence if he is a person having control of or managing a

house which is required to be licensed under this Part (see section 82(1)) but is

not so licensed.

5

(2)   

A person commits an offence if—

(a)   

he is a licence holder or a person on whom restrictions or obligations

under a licence are imposed in accordance with section 87(5), and

(b)   

he fails to comply with any condition of the licence.

(3)   

In proceedings against a person for an offence under subsection (1) it is a

10

defence that, at the material time—

(a)   

a notification had been duly given in respect of the house under section

61(1) or 83(1), or

(b)   

an application for a licence had been duly made in respect of the house

under section 84,

15

   

and that notification or application was still effective (see subsection (7)).

(4)   

In proceedings against a person for an offence under subsection (1) or (2) it is

a defence that he had a reasonable excuse—

(a)   

for having control of or managing the house in the circumstances

mentioned in subsection (1), or

20

(b)   

for failing to comply with the condition,

   

as the case may be.

(5)   

A person who commits an offence under subsection (1) is liable on summary

conviction to a fine not exceeding £20,000.

(6)   

A person who commits an offence under subsection (2) is liable on summary

25

conviction to a fine not exceeding level 5 on the standard scale.

(7)   

For the purposes of subsection (3) a notification or application is “effective” at

a particular time if at that time it has not been withdrawn, and either—

(a)   

the authority have not decided whether to serve a temporary

exemption notice, or (as the case may be) grant a licence, in pursuance

30

of the notification or application, or

(b)   

if they have decided not to do so, one of the conditions set out in

subsection (8) is met.

(8)   

The conditions are—

(a)   

that the period for appealing against the decision of the authority not to

35

serve or grant such a notice or licence (or against any relevant decision

of a residential property tribunal) has not expired, or

(b)   

that an appeal has been brought against the authority’s decision (or

against any relevant decision of such a tribunal) and the appeal has not

been determined or withdrawn.

40

(9)   

In subsection (8) “relevant decision” means a decision which is given on an

appeal to the tribunal and confirms the authority’s decision (with or without

variation).

 

 

Housing Bill
Part 3 — Selective licensing of other residential accommodation

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93      

Further sanctions relating to unlicensed Part 3 houses

(1)   

Subsection (2) applies to any period during which an offence is being

committed under section 92(1) in respect of a house that is required to be

licensed under this Part but is not so licensed.

(2)   

In respect of any such period—

5

(a)   

no rent or licence fee that would (apart from this section) be payable by

a person who occupies the house under a tenancy or licence is to be so

payable, and

(b)   

no other compensation that would (apart from this section) be payable

for use or occupation of the house is to be so payable.

10

(3)   

Where any amount within subsection (2) is paid despite not being payable, the

amount is recoverable by the person by whom it is paid.

(4)   

Except to the extent provided by subsection (2), nothing in this Part affects the

validity of any tenancy or licence under which a person occupies a Part 3 house

during a period to which that subsection applies.

15

(5)   

Subsection (2) does not affect the operation of any statutory provision relating

to the protection of occupiers of premises that operates by reference to the

amount of rent or other sums payable by them.

Supplementary provisions

94      

Meaning of “house” etc.

20

In this Part—

“dwelling” means a building or part of a building occupied or intended to

be occupied as a separate dwelling;

“house” means a building or part of a building consisting of one or more

dwellings;

25

and references to a house include (where the context permits) any yard,

garden, outhouses and appurtenances belonging to, or usually enjoyed with, it

(or any part of it).

95      

Index of defined expressions: Part 3

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

30

otherwise explained.

 

Expression

Provision of this Act

 
 

Anti-social behaviour

Section 56(5)

 
 

Appropriate national authority

Section 223(1)

 
 

Category 1 hazard

Section 2(1)

 

35

 

Category 2 hazard

Section 2(1)

 
 

District of local housing authority

Section 223(6)

 
 

Dwelling

Section 94

 
 

 

Housing Bill
Part 4 — Additional control provisions in relation to residential accommodation

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Expression

Provision of this Act

 
 

House

Section 94

 
 

Licence and licence holder

Section 82(5)

 
 

Licence (to occupy premises)

Section 224(9)

 
 

Local housing authority

Section 223(2) to (5)

 

5

 

Occupier (and related expressions)

Section 224(6)

 
 

Part 3 house

Section 82(5), together

 
  

with section 76(2)

 
 

Person having control

Section 225(1) and (2)

 
  

(and see also section

 

10

  

86(7))

 
 

Person having estate or interest

Section 224(8)

 
 

Person managing

Section 225(3)

 
 

Person involved in management

Section 225(5)

 
 

Residential property tribunal

Section 194

 

15

 

Tenant

Section 224(1) to (5).

 
 

Part 4

Additional control provisions in relation to residential accommodation

Introductory

96      

Interim and final management orders: introductory

20

(1)   

Sections 97 to 122 deal with the making by a local housing authority of—

(a)   

an interim management order (see section 97), or

(b)   

a final management order (see section 107),

in respect of an HMO or a Part 3 house.

(2)   

Section 98 deals with the making of an interim management order in respect of

25

a house to which that section applies.

(3)   

An interim management order is an order (expiring not more than 12 months

after it is made) which is made for the purpose of securing that the following

steps are taken in relation to the house—

(a)   

any immediate steps which the authority consider necessary to protect

30

the health, safety or welfare of persons occupying the house, or persons

occupying or having an estate or interest in any premises in the vicinity,

and

(b)   

any other steps which the authority think appropriate with a view to

the proper management of the house pending the grant of a licence

35

under Part 2 or 3 in respect of the house or the making of a final

 

 

Housing Bill
Part 4 — Additional control provisions in relation to residential accommodation

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management order in respect of it (or, if appropriate, the revocation of

the interim management order).

(4)   

A final management order is an order (expiring not more than 5 years after it

is made) which is made for the purpose of securing the proper management of

the house on a long-term basis in accordance with a management scheme

5

contained in the order.

(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),

   

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

10

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—

   

“HMO” means a house in multiple occupation as defined by sections 217

15

to 222,

   

“Part 3 house” means a house to which Part 3 of this Act applies (see

section 76(2)),

and any reference to an HMO or Part 3 house includes (where the context

permits) a reference to any yard, garden, outhouses and appurtenances

20

belonging to, or usually enjoyed with, it (or any part of it).

(7)   

In this Part any reference to “the house”, in relation to an interim or final

management order (other than an order under section 97(7)), is a reference to

the HMO or Part 3 house to which the order relates.

(8)   

Subsection (7) has effect subject to sections 97(8) and 107(7) (exclusion of part

25

occupied by resident landlord).

Interim management orders: making and operation of orders

97      

Making of interim management orders

(1)   

A local housing authority—

(a)   

are under a duty to make an interim management order in respect of a

30

house in a case within subsection (2) or (3), and

(b)   

have power to make an interim management order in respect of a house

in a case within subsection (4) or (7).

(2)   

The authority must make an interim management order in respect of a house

if—

35

(a)   

it is an HMO or a Part 3 house which is required to be licensed under

Part 2 or Part 3 (see section 60(1) or 82(1)) but is not so licensed, and

(b)   

they consider either—

(i)   

that there is no reasonable prospect of its being so licensed in

the near future, or

40

(ii)   

that the health and safety condition is satisfied (see section 99).

(3)   

The authority must make an interim management order in respect of a house

if—

 

 

Housing Bill
Part 4 — Additional control provisions in relation to residential accommodation

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(a)   

it is an HMO or a Part 3 house which is required to be licensed under

Part 2 or Part 3 and is so licensed,

(b)   

they have revoked the licence concerned but the revocation is not yet in

force, and

(c)   

they consider either—

5

(i)   

that, on the revocation coming into force, there will be no

reasonable prospect of the house being so licensed in the near

future, or

(ii)   

that, on the revocation coming into force, the health and safety

condition will be satisfied (see section 99).

10

(4)   

The authority may make an interim management order in respect of a house

if—

(a)   

it is an HMO other than one that is required to be licensed under Part

2, and

(b)   

on an application by the authority to a residential property tribunal, the

15

tribunal by order authorises them to make such an order;

and the authority may make such an order despite any pending appeal against

the order of the tribunal (but this is without prejudice to any order that may be

made on the disposal of any such appeal).

(5)   

The tribunal may only authorise the authority to make an interim management

20

order under subsection (4) if it considers that the health and safety condition is

satisfied (see section 99).

(6)   

In determining whether to authorise the authority to make an interim

management order in respect of an HMO under subsection (4), the tribunal

must have regard to the extent to which any applicable code of practice

25

approved under section 197 has been complied with in respect of the HMO in

the past.

(7)   

The authority may make an interim management order in respect of a house

if—

(a)   

it is a house to which section 98 (special interim management orders)

30

applies, and

(b)   

on an application by the authority to a residential property tribunal, the

tribunal by order authorises them to make such an order;

   

and the authority may make such an order despite any pending appeal against

the order of the tribunal (but this is without prejudice to any order that may be

35

made on the disposal of any such appeal).

Subsections (2) to (6) of section 98 apply in relation to the power of a residential

property tribunal to authorise the making of an interim management order

under this subsection.

(8)   

The authority may make an interim management order which is expressed not

40

to apply to a part of the house that is occupied by a person who has an estate

or interest in the whole of the house.

   

In relation to such an order, a reference in this Part to “the house” does not

include the part so excluded (unless the context requires otherwise, such as

where the reference is to the house as an HMO or a Part 3 house).

45

(9)   

Nothing in this section requires or authorises the making of an interim

management order in respect of a house if—

(a)   

an interim management order has been previously made in respect of

it, and

 

 

 
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