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Housing Act 2004

2004 CHAPTER 34

CONTENTS

Go to Preamble

  1. Part 1

    Housing conditions

    1. Chapter 1

      Enforcement of housing standards: general

      1. New system for assessing housing conditions

        1. 1. New system for assessing housing conditions and enforcing housing standards

        2. 2. Meaning of “category 1 hazard” and “category 2 hazard”

      2. Procedure for assessing housing conditions

        1. 3. Local housing authorities to review housing conditions in their districts

        2. 4. Inspections by local housing authorities to see whether category 1 or 2 hazards exist

      3. Enforcement of housing standards

        1. 5. Category 1 hazards: general duty to take enforcement action

        2. 6. Category 1 hazards: how duty under section 5 operates in certain cases

        3. 7. Category 2 hazards: powers to take enforcement action

        4. 8. Reasons for decision to take enforcement action

        5. 9. Guidance about inspections and enforcement action

        6. 10. Consultation with fire and rescue authorities in certain cases

    2. Chapter 2

      Improvement notices, prohibition orders and hazard awareness notices

      1. Improvement notices

        1. 11. Improvement notices relating to category 1 hazards: duty of authority to serve notice

        2. 12. Improvement notices relating to category 2 hazards: power of authority to serve notice

        3. 13. Contents of improvement notices

        4. 14. Suspension of improvement notices

        5. 15. Operation of improvement notices

        6. 16. Revocation and variation of improvement notices

        7. 17. Review of suspended improvement notices

        8. 18. Service of improvement notices etc. and related appeals

        9. 19. Change in person liable to comply with improvement notice

      2. Prohibition orders

        1. 20. Prohibition orders relating to category 1 hazards: duty of authority to make order

        2. 21. Prohibition orders relating to category 2 hazards: power of authority to make order

        3. 22. Contents of prohibition orders

        4. 23. Suspension of prohibition orders

        5. 24. Operation of prohibition orders

        6. 25. Revocation and variation of prohibition orders

        7. 26. Review of suspended prohibition orders

        8. 27. Service of copies of prohibition orders etc. and related appeals

      3. Hazard awareness notices

        1. 28. Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice

        2. 29. Hazard awareness notices relating to category 2 hazards: power of authority to serve notice

      4. Enforcement: improvement notices

        1. 30. Offence of failing to comply with improvement notice

        2. 31. Enforcement action by local housing authorities

      5. Enforcement: prohibition orders

        1. 32. Offence of failing to comply with prohibition order etc.

        2. 33. Recovery of possession of premises in order to comply with order

        3. 34. Power of tribunal to determine or vary lease

      6. Enforcement: improvement notices and prohibition orders

        1. 35. Power of court to order occupier or owner to allow action to be taken on premises

        2. 36. Power of court to authorise action by one owner on behalf of another

      7. Supplementary provisions

        1. 37. Effect of improvement notices and prohibition orders as local land charges

        2. 38. Savings for rights arising from breach of covenant etc.

        3. 39. Effect of Part 4 enforcement action and redevelopment proposals

    3. Chapter 3

      Emergency measures

      1. Emergency remedial action

        1. 40. Emergency remedial action

        2. 41. Notice of emergency remedial action

        3. 42. Recovery of expenses of taking emergency remedial action

      2. Emergency prohibition orders

        1. 43. Emergency prohibition orders

        2. 44. Contents of emergency prohibition orders

      3. Appeals

        1. 45. Appeals relating to emergency measures

    4. Chapter 4

      Demolition orders and slum clearance declarations

      1. Demolition orders

        1. 46. Demolition orders

      2. Slum clearance declarations

        1. 47. Clearance areas

      3. Appeals

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

    5. Chapter 5

      General and miscellaneous provisions relating to enforcement action

      1. Recovery of expenses relating to enforcement action

        1. 49. Power to charge for certain enforcement action

        2. 50. Recovery of charge under section 49

      2. Repeals

        1. 51. Repeal of power to improve existing enforcement procedures

        2. 52. Repeal of provisions relating to demolition of obstructive buildings

        3. 53. Miscellaneous repeals etc. in relation to fire hazards

      3. Index

        1. 54. Index of defined expressions: Part 1

  2. Part 2

    Licensing of houses in multiple occupation

    1. Introductory

      1. 55. Licensing of HMOs to which this Part applies

    2. Designation of additional licensing areas

      1. 56. Designation of areas subject to additional licensing

      2. 57. Designations under section 56: further considerations

      3. 58. Designation needs confirmation or general approval to be effective

      4. 59. Notification requirements relating to designations

      5. 60. Duration, review and revocation of designations

    3. HMOs required to be licensed

      1. 61. Requirement for HMOs to be licensed

      2. 62. Temporary exemption from licensing requirement

    4. Grant or refusal of licences

      1. 63. Applications for licences

      2. 64. Grant or refusal of licence

      3. 65. Tests as to suitability for multiple occupation

      4. 66. Tests for fitness etc. and satisfactory management arrangements

      5. 67. Licence conditions

      6. 68. Licences: general requirements and duration

    5. Variation and revocation of licences

      1. 69. Variation of licences

      2. 70. Revocation of licences

    6. Procedure and appeals

      1. 71. Procedural requirements and appeals against licence decisions

    7. Enforcement

      1. 72. Offences in relation to licensing of HMOs

      2. 73. Other consequences of operating unlicensed HMOs: rent repayment orders

      3. 74. Further provisions about rent repayment orders

      4. 75. Other consequences of operating unlicensed HMOs: restriction on terminating tenancies

    8. Supplementary provisions

      1. 76. Transitional arrangements relating to introduction and termination of licensing

      2. 77. Meaning of “HMO”

      3. 78. Index of defined expressions: Part 2

  3. Part 3

    Selective licensing of other residential accommodation

    1. Introductory

      1. 79. Licensing of houses to which this Part applies

    2. Designation of selective licensing areas

      1. 80. Designation of selective licensing areas

      2. 81. Designations under section 80: further considerations

      3. 82. Designation needs confirmation or general approval to be effective

      4. 83. Notification requirements relating to designations

      5. 84. Duration, review and revocation of designations

    3. Houses required to be licensed

      1. 85. Requirement for Part 3 houses to be licensed

      2. 86. Temporary exemption from licensing requirement

    4. Grant or refusal of licences

      1. 87. Applications for licences

      2. 88. Grant or refusal of licence

      3. 89. Tests for fitness etc. and satisfactory management arrangements

      4. 90. Licence conditions

      5. 91. Licences: general requirements and duration

    5. Variation and revocation of licences

      1. 92. Variation of licences

      2. 93. Revocation of licences

    6. Procedure and appeals

      1. 94. Procedural requirements and appeals against licence decisions

    7. Enforcement

      1. 95. Offences in relation to licensing of houses under this Part

      2. 96. Other consequences of operating unlicensed houses: rent repayment orders

      3. 97. Further provisions about rent repayment orders

      4. 98. Other consequences of operating unlicensed houses: restriction on terminating tenancies

    8. Supplementary provisions

      1. 99. Meaning of “house” etc.

      2. 100. Index of defined expressions: Part 3

  4. Part 4

    Additional control provisions in relation to residential accommodation

    1. Chapter 1

      Interim and final management orders

      1. Introductory

        1. 101. Interim and final management orders: introductory

      2. Interim management orders: making and operation of orders

        1. 102. Making of interim management orders

        2. 103. Special interim management orders

        3. 104. The health and safety condition

        4. 105. Operation of interim management orders

        5. 106. Local housing authority’s duties once interim management order in force

        6. 107. General effect of interim management orders

        7. 108. General effect of interim management orders: leases and licences granted by authority

        8. 109. General effect of interim management orders: immediate landlords, mortgagees etc.

        9. 110. Financial arrangements while order is in force

      3. Interim management orders: variation and revocation

        1. 111. Variation of interim management orders

        2. 112. Revocation of interim management orders

      4. Final management orders: making and operation of orders

        1. 113. Making of final management orders

        2. 114. Operation of final management orders

        3. 115. Local housing authority’s duties once final management order in force

        4. 116. General effect of final management orders

        5. 117. General effect of final management orders: leases and licences granted by authority

        6. 118. General effect of final management orders: immediate landlords, mortgagees etc.

        7. 119. Management schemes and accounts

        8. 120. Enforcement of management scheme by relevant landlord

      5. Final management orders: variation and revocation

        1. 121. Variation of final management orders

        2. 122. Revocation of final management orders

      6. Interim and final management orders: procedure and appeals

        1. 123. Procedural requirements and appeals

      7. Interim and final management orders: other general provisions

        1. 124. Effect of management orders: occupiers

        2. 125. Effect of management orders: agreements and legal proceedings

        3. 126. Effect of management orders: furniture

        4. 127. Management orders: power to supply furniture

        5. 128. Compensation payable to third parties

        6. 129. Termination of management orders: financial arrangements

        7. 130. Termination of management orders: leases, agreements and proceedings

        8. 131. Management orders: power of entry to carry out work

    2. Chapter 2

      Interim and final empty dwelling management orders

      1. Introductory

        1. 132. Empty dwelling management orders: introductory

      2. Interim empty dwelling management orders

        1. 133. Making of interim EDMOs

        2. 134. Authorisation to make interim EDMOs

        3. 135. Local housing authority’s duties once interim EDMO in force

      3. Final empty dwelling management orders

        1. 136. Making of final EDMOs

        2. 137. Local housing authority’s duties once final EDMO in force

      4. Compensation

        1. 138. Compensation payable to third parties

    3. Chapter 3

      Overcrowding notices

      1. 139. Service of overcrowding notices

      2. 140. Contents of overcrowding notices

      3. 141. Requirement as to overcrowding generally

      4. 142. Requirement as to new residents

      5. 143. Appeals against overcrowding notices

      6. 144. Revocation and variation of overcrowding notices

    4. Chapter 4

      Supplementary provisions

      1. 145. Supplementary provisions

      2. 146. Interpretation and modification of this Part

      3. 147. Index of defined expressions: Part 4

  5. Part 5

    Home information packs

    1. Preliminary

      1. 148. Meaning of “residential property” and “home information pack”

      2. 149. Meaning of “on the market” and related expressions

      3. 150. Acting as estate agent

    2. Responsibility for marketing residential properties

      1. 151. Responsibility for marketing: general

      2. 152. Responsibility of person acting as estate agent

      3. 153. Responsibility of the seller

    3. Duties of a responsible person where a property is on the market

      1. 154. Application of sections 155 to 158

      2. 155. Duty to have a home information pack

      3. 156. Duty to provide copy of home information pack on request

    4. Register of home condition reports

      1. 157. Section 156 (1) duty: imposition of conditions

      2. 158. Duty to ensure authenticity of documents in other situations

    5. Other duties of person acting as estate agent

      1. 159. Other duties of person acting as estate agent

    6. Exceptions from the duties

      1. 160. Residential properties not available with vacant possession

      2. 161. Power to provide for further exceptions

      3. 162. Suspension of duties under sections 155 to 159

    7. Contents of home information packs

      1. 163. Contents of home information packs

      2. 164. Home condition reports

    8. Register of home condition reports

      1. 165. Register of home condition reports

    9. Enforcement

      1. 166. Enforcement authorities

      2. 167. Power to require production of home information packs

      3. 168. Penalty charge notices

      4. 169. Offences relating to enforcement officers

      5. 170. Right of private action

    10. Supplementary

      1. 171. Application of Part to sub-divided buildings

      2. 172. Power to require estate agents to belong to a redress scheme

      3. 173. Approval of redress schemes

      4. 174. Withdrawal of approval of redress schemes

      5. 175. Office of Fair Trading

      6. 176. Grants

      7. 177. Interpretation of Part 5

      8. 178. Index of defined expressions: Part 5

  6. Part 6

    Other provisions about housing

    1. Chapter 1

      Secure tenancies

      1. Introductory tenancies

        1. 179. Extension of introductory tenancies

      2. Right to buy: when exercisable

        1. 180. Extension of qualifying period for right to buy

        2. 181. Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

        3. 182. Exceptions to the right to buy: houses due to be demolished

        4. 183. Right to buy: claim suspended or terminated by demolition notice

        5. 184. Landlord’s notice to complete

      3. Right to buy: discounts

        1. 185. Repayment of discount: periods and amounts applicable

        2. 186. Repayment of discount: increase attributable to home improvements to be disregarded

        3. 187. Deferred resale agreements

      4. Right to buy: landlord’s right of first refusal

        1. 188. Right of first refusal for landlord etc.

      5. Right to buy: information

        1. 189. Information to help tenants decide whether to exercise right to buy etc.

      6. Right to buy: termination of rent to mortgage scheme

        1. 190. Termination of rent to mortgage scheme

      7. Suspension of certain rights in connection with anti-social behaviour

        1. 191. Secure tenancies: withholding of consent to mutual exchange

        2. 192. Right to buy: suspension by court order

        3. 193. Right to buy: suspension of landlord’s obligation to complete

        4. 194. Disclosure of information as to orders etc. in respect of anti-social behaviour

    2. Chapter 2

      Disposals attracting discounts other than under right to buy

      1. Disposals by local authorities

        1. 195. Repayment of discount: periods and amounts applicable

        2. 196. Repayment of discount: increase attributable to home improvements to be disregarded

        3. 197. Local authority’s right of first refusal

        4. 198. Deferred resale agreements

      2. Disposals by registered social landlords

        1. 199. Repayment of discount: periods and amounts payable

        2. 200. Registered social landlord’s right of first refusal

        3. 201. Deferred resale agreements

        4. 202. Right of assured tenant to acquire dwelling not affected by collective enfranchisement

      3. Disposals by housing action trusts

        1. 203. Repayment of discount: periods and amounts payable

        2. 204. Housing action trust’s right of first refusal

        3. 205. Deferred resale agreements

    3. Chapter 3

      Mobile Homes

      1. Site agreements

        1. 206. Particulars of site agreements to be given in advance

        2. 207. Implied terms relating to termination of agreements or disposal of mobile homes

        3. 208. Power to amend terms implied in site agreements

      2. Protection from eviction etc.

        1. 209. Protected sites to include sites for gypsies

        2. 210. Extension of protection from harassment for occupiers of mobile homes

        3. 211. Suspension of eviction orders

    4. Chapter 4

      Tenancy deposit schemes

      1. 212. Tenancy deposit schemes

      2. 213. Requirements relating to tenancy deposits

      3. 214. Proceedings relating to tenancy deposits

      4. 215. Sanctions for non-compliance

    5. Chapter 5

      Miscellaneous

      1. Overcrowding

        1. 216. Overcrowding

      2. Energy efficiency

        1. 217. Energy efficiency of residential accommodation: England

      3. Registered social landlords

        1. 218. Amendments relating to registered social landlords

        2. 219. Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998

      4. Other provisions relating to social housing

        1. 220. Additional power to give grants for social housing

        2. 221. Extension of right to acquire

        3. 222. Rights of pre-emption in connection with assured tenancies

        4. 223. Allocation of housing accommodation by local authorities

      5. Disabled facilities grant

        1. 224. Disabled facilities grant: caravans

      6. Accommodation needs of gypsies and travellers

        1. 225. Duties of local housing authorities: accommodation needs of gypsies and travellers

        2. 226. Guidance in relation to section 225

      7. Annual reports by local housing authorities

        1. 227. Removal of duty on local housing authorities to send annual reports to tenants etc.

      8. Social Housing Ombudsman for Wales

        1. 228. Social Housing Ombudsman for Wales

  7. Part 7

    Supplementary and final provisions

    1. Residential property tribunals

      1. 229. Residential property tribunals

      2. 230. Powers and procedure of residential property tribunals

      3. 231. Appeals from residential property tribunals

    2. Register of licences and management orders

      1. 232. Register of licences and management orders

    3. Codes of practice and management regulations relating to HMOs etc.

      1. 233. Approval of codes of practice with regard to the management of HMOs etc.

      2. 234. Management regulations in respect of HMOs

    4. Information provisions

      1. 235. Power to require documents to be produced

      2. 236. Enforcement of powers to obtain information

      3. 237. Use of information obtained for certain other statutory purposes

      4. 238. False or misleading information

    5. Enforcement

      1. 239. Powers of entry

      2. 240. Warrant to authorise entry

      3. 241. Penalty for obstruction

      4. 242. Additional notice requirements for protection of owners

    6. Authorisations

      1. 243. Authorisations for enforcement purposes etc.

    7. Documents

      1. 244. Power to prescribe forms

      2. 245. Power to dispense with notices

      3. 246. Service of documents

      4. 247. Licences and other documents in electronic form

      5. 248. Timing and location of things done electronically

      6. 249. Proof of designations

    8. Other supplementary provisions

      1. 250. Orders and regulations

      2. 251. Offences by bodies corporate

      3. 252. Power to up-rate level of fines for certain offences

      4. 253. Local inquiries

    9. Meaning of “house in multiple occupation”

      1. 254. Meaning of “house in multiple occupation”

      2. 255. HMO declarations

      3. 256. Revocation of HMO declarations

      4. 257. HMOs: certain converted blocks of flats

      5. 258. HMOs: persons not forming a single household

      6. 259. HMOs: persons treated as occupying premises as only or main residence

      7. 260. HMOs: presumption that sole use condition or significant use condition is met

    10. Other general interpretation provisions

      1. 261. Meaning of “appropriate national authority”, “local housing authority” etc.

      2. 262. Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

      3. 263. Meaning of “person having control” and “person managing” etc.

      4. 264. Calculation of numbers of persons

    11. Final provisions

      1. 265. Minor and consequential amendments

      2. 266. Repeals

      3. 267. Devolution: Wales

      4. 268. The Isles of Scilly

      5. 269. Expenses

      6. 270. Short title, commencement and extent

    1. Schedule 1

      Procedure and appeals relating to improvement notices

      1. Part 1

        Service of improvement notices

      2. Part 2

        Service of notices relating to revocation or variation of improvement notices

      3. Part 3

        Appeals relating to improvement notices

    2. Schedule 2

      Procedure and appeals relating to prohibition orders

      1. Part 1

        Service of copies of prohibition orders

      2. Part 2

        Service of notices relating to revocation or variation of prohibition orders

      3. Part 3

        Appeals relating to prohibition orders

    3. Schedule 3

      Improvement notices: enforcement action by local housing authorities

      1. Part 1

        Action taken by agreement

      2. Part 2

        Power to take action without agreement

      3. Part 3

        Recovery of certain expenses

    4. Schedule 4

      Licences under Parts 2 and 3: mandatory conditions

    5. Schedule 5

      Licences under Parts 2 and 3: procedure and appeals

      1. Part 1

        Procedure relating to grant or refusal of licences

      2. Part 2

        Procedure relating to variation or revocation of licences

      3. Part 3

        Appeals against licence decisions

    6. Schedule 6

      Management orders: procedure and appeals

      1. Part 1

        Procedure relating to making of management orders

      2. Part 2

        Procedure relating to variation or revocation of management orders

      3. Part 3

        Appeals against decisions relating to management orders

    7. Schedule 7

      Further provisions regarding empty dwelling management orders

      1. Part 1

        Interim EDMOs

      2. Part 2

        Final EDMOs

      3. Part 3

        Interim and final EDMOs: general provisions (other than provisions relating to appeals)

      4. Part 4

        Appeals

    8. Schedule 8

      Penalty charge notices under section 168

    9. Schedule 9

      New Schedule 5A to the Housing Act 1985: initial demolition notices

    10. Schedule 10

      Provisions relating to tenancy deposit schemes

    11. Schedule 11

      Registered social landlords

    12. Schedule 12

      New Schedule 2A to the Housing Act 1996

    13. Schedule 13

      Residential property tribunals: procedure

    14. Schedule 14

      Buildings which are not HMOs for purposes of this Act (excluding Part 1)

    15. Schedule 15

      Minor and consequential amendments

    16. Schedule 16

      Repeals

An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.

[18th November 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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