Office of Public Sector Information
(1) This Part provides for HMOs to be licensed by local housing authorities 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 61(1)).
(2) This Part applies to the following HMOs in the case of each local housing authority—
(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 56 as subject to additional licensing, any HMO in that area which falls within any description of HMO specified in the designation.
(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—
(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 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)—
(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 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.
(1) A local housing authority may designate either—
(a) the area of their district, or
(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 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
(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 authority must have regard to any information regarding the extent to which any codes of practice approved under section 233 have been complied with by persons managing HMOs in the area in question.
(6) Section 57 applies for the purposes of this section.
(1) This section applies to the power of a local housing authority to make designations under section 56.
(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 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 persons.
(4) The authority must not make a particular designation under section 56 unless—
(a) they have considered whether there are any other courses of action available to them (of whatever nature) that might provide an effective 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, 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 vicinity of such premises, or
(b) which involves or is likely to involve the use of such premises for illegal purposes.
(1) A designation of an area as subject to additional licensing cannot come into force unless—
(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 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.
(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 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 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.
(1) This section applies to a designation—
(a) when it is confirmed under section 58, 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 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 58 applied to it (giving details of the approval in question),
(c) the date on which the designation is to come into force, and
(d) any other information which may be prescribed.
(3) After publication of a notice under subsection (2), 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.
(4) In this section “prescribed” means prescribed by regulations made by the appropriate national authority.
(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.
(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 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 national authority.
(1) Every HMO to which this Part applies must be licensed under this Part unless—
(a) a temporary exemption notice is in force in relation to it under section 62, or
(b) an interim or final management order is in force in relation to it under Chapter 1 of Part 4.
(2) A licence under this Part is a licence authorising occupation of the house concerned by not more than a maximum number of households or persons specified in the licence.
(3) Sections63 to 67 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 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 263 (in its operation for the purposes of any such provision),
to have effect in relation to a section 257 HMO with such modifications as are prescribed by the regulations.
A “section 257 HMO” is an HMO which is a converted block of flats to which section 257 applies.
(6) In this Part (unless the context otherwise requires)—
(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.
(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 61(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 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 61(1) and 85(1)) not required to be licensed either 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
(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 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 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,
(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 subsection (6) as the date on which it was made.
(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—
(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.
(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 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.
(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 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.
(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 Chapter 1 of Part 4 in relation to HMOs (so far as they are not recoverable under or by virtue of any provision of that Chapter).
(1) Where an application in respect of an HMO is made to the local housing authority under section 63, the authority must either—
(a) grant a licence in accordance with subsection (2), or
(b) refuse to grant a licence.
(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—
(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 67;
(b) that the proposed licence holder—
(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—
(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
(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
(b) some other maximum number decided by the authority.
(5) Sections 65 and 66 apply for the purposes of this section.
(1) The local housing authority cannot be satisfied for the purposes of section 64(3)(a) that the house is reasonably suitable for occupation by a particular 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 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—
(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
(b) standards as to the number, type and quality of other facilities or equipment which should be available in particular circumstances.
(1) In deciding for the purposes of section 64(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 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 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 and tenant law; or
(d) acted otherwise than in accordance with any applicable code of practice approved under section 233.
(3) Evidence is within this subsection if—
(a) it shows that any person associated or formerly associated with P (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.
(4) For the purposes of section 64(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 64(3)(e) whether the proposed 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 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 arrangements are suitable.
(7) Any reference in section 64(3)(c)(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 licence would come into force.
(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.
(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 reasonable and practicable steps 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 65;
(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 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 233.
(3) A licence must include the conditions required by Schedule 4.
(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 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 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.
(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 occupies the house.
(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—
(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 70, continues in force for the period that is so specified or determined.
(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 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 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 62.
(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 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 62.
(10) Subsections (6) to (8) of section 62 apply (with any necessary modifications) in relation to a decision by the authority not to serve such a notice as they apply in relation to a decision not to serve a temporary exemption notice.
(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 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—
(a) are considering whether to vary a licence under subsection (1)(b); and
(b) are considering—
(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.
(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—
(a) prescribed under section 65, 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 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).
(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 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
(c) on whom any restriction or obligation is imposed by the licence in accordance with section 67(5).
Housing Act 2004