Sections of the Housing Act 2004 are represented as different coloured nodes.

That is, section 1 of Part 1 is denoted as the blue node 1.

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Each Part is represented with a different colour as shown in the legend table on the left top corner.

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(1) This Part provides—

a for a new system of assessing the condition of residential premises, and

b for that system to be used in the enforcement of housing standards in relation to such premises.

(2) The new system—

a operates by reference to the existence of category 1 or category 2 hazards on residential premises (see section 2), and

b replaces the existing system based on the test of fitness for human habitation contained in section 604 of the Housing Act 1985 (c. 68).

(3) The kinds of enforcement action which are to involve the use of the new system are—

a the new kinds of enforcement action contained in Chapter 2 (improvement notices, prohibition orders and hazard awareness notices),

b the new emergency measures contained in Chapter 3 (emergency remedial action and emergency prohibition orders), and

c the existing kinds of enforcement action dealt with in Chapter 4 (demolition orders and slum clearance declarations).

(4) In this Part “residential premises” means—

a a dwelling;

b an HMO;

c unoccupied HMO accommodation;

d any common parts of a building containing one or more flats.

(5) In this Part—

“building containing one or more flats” does not include an HMO;

“common parts”, in relation to a building containing one or more flats, includes—

a the structure and exterior of the building, and

b common facilities provided (whether or not in the building) for persons who include the occupiers of one or more of the flats;

the structure and exterior of the building, and

common facilities provided (whether or not in the building) for persons who include the occupiers of one or more of the flats;

“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling;

“external common parts”, in relation to a building containing one or more flats, means common parts of the building which are outside it;

“flat” means a separate set of premises (whether or not on the same floor)—

a which forms part of a building,

b which is constructed or adapted for use for the purposes of a dwelling, and

c either the whole or a material part of which lies above or below some other part of the building;

which forms part of a building,

which is constructed or adapted for use for the purposes of a dwelling, and

either the whole or a material part of which lies above or below some other part of the building;

“HMO” means a house in multiple occupation as defined by sections 254 to 259, as they have effect for the purposes of this Part (that is, without the exclusions contained in Schedule 14);

“unoccupied HMO accommodation” means a building or part of a building constructed or adapted for use as a house in multiple occupation but for the time being either unoccupied or only occupied by persons who form a single household.

(6) In this Part any reference to a dwelling, an HMO or a building containing one or more flats includes (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the dwelling, HMO or building (or any part of it).

(7) The following indicates how this Part applies to flats—

a references to a dwelling or an HMO include a dwelling or HMO which is a flat (as defined by subsection (5)); and

b subsection (6) applies in relation to such a dwelling or HMO as it applies in relation to other dwellings or HMOs (but it is not to be taken as referring to any common parts of the building containing the flat).

(8) This Part applies to unoccupied HMO accommodation as it applies to an HMO, and references to an HMO in subsections (6) and (7) and in the following provisions of this Part are to be read accordingly.

Sections of the Housing Act 2004 are represented as different coloured nodes.

The graph also includes other Acts referenced within the Housing Act 2004

That is, section 51 (Part 1) is connected with the Housing Grants, Construction and Regeneration Act 1996.

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(1) If a local housing authority consider—

a as a result of any matters of which they have become aware in carrying out their duty under section 3, or

b for any other reason,

that it would be appropriate for any residential premises in their district to be inspected with a view to determining whether any category 1 or 2 hazard exists on those premises, the authority must arrange for such an inspection to be carried out.

(2) If an official complaint about the condition of any residential premises in the district of a local housing authority is made to the proper officer of the authority, and the circumstances complained of indicate—

a that any category 1 or category 2 hazard may exist on those premises, or

b that an area in the district should be dealt with as a clearance area,

the proper officer must inspect the premises or area.

(3) In this section “an official complaint” means a complaint in writing made by—

a a justice of the peace having jurisdiction in any part of the district, or

b the parish or community council for a parish or community within the district.

(4) An inspection of any premises under subsection (1) or (2)—

a is to be carried out in accordance with regulations made by the appropriate national authority; and

b is to extend to so much of the premises as the local housing authority or proper officer (as the case may be) consider appropriate in the circumstances having regard to any applicable provisions of the regulations.

(5) Regulations under subsection (4) may in particular make provision about—

a the manner in which, and the extent to which, premises are to be inspected under subsection (1) or (2), and

b the manner in which the assessment of hazards is to be carried out.

(6) Where an inspection under subsection (2) has been carried out and the proper officer of a local housing authority is of the opinion—

a that a category 1 or 2 hazard exists on any residential premises in the authority’s district, or

b that an area in their district should be dealt with as a clearance area,

the officer must, without delay, make a report in writing to the authority which sets out his opinion together with the facts of the case.

(7) The authority must consider any report made to them under subsection (6) as soon as possible.

(1) If a local housing authority consider—

a as a result of any matters of which they have become aware in carrying out their duty under section 3, or

b for any other reason,

that it would be appropriate for any residential premises in their district to be inspected with a view to determining whether any category 1 or 2 hazard exists on those premises, the authority must arrange for such an inspection to be carried out.

(2) If an official complaint about the condition of any residential premises in the district of a local housing authority is made to the proper officer of the authority, and the circumstances complained of indicate—

a that any category 1 or category 2 hazard may exist on those premises, or

b that an area in the district should be dealt with as a clearance area,

the proper officer must inspect the premises or area.

(3) In this section “an official complaint” means a complaint in writing made by—

a a justice of the peace having jurisdiction in any part of the district, or

b the parish or community council for a parish or community within the district.

(4) An inspection of any premises under subsection (1) or (2)—

a is to be carried out in accordance with regulations made by the appropriate national authority; and

b is to extend to so much of the premises as the local housing authority or proper officer (as the case may be) consider appropriate in the circumstances having regard to any applicable provisions of the regulations.

(5) Regulations under subsection (4) may in particular make provision about—

a the manner in which, and the extent to which, premises are to be inspected under subsection (1) or (2), and

b the manner in which the assessment of hazards is to be carried out.

(6) Where an inspection under subsection (2) has been carried out and the proper officer of a local housing authority is of the opinion—

a that a category 1 or 2 hazard exists on any residential premises in the authority’s district, or

b that an area in their district should be dealt with as a clearance area,

the officer must, without delay, make a report in writing to the authority which sets out his opinion together with the facts of the case.

(7) The authority must consider any report made to them under subsection (6) as soon as possible.

(1) In this Act—

“category 1 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score of or above a prescribed amount;

“category 2 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score below the minimum amount prescribed for a category 1 hazard of that description; and

“hazard” means any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise).

(2) In subsection (1)—

“prescribed” means prescribed by regulations made by the appropriate national authority (see section 261(1) ); and

“prescribed band” means a band so prescribed for a category 1 hazard or a category 2 hazard, as the case may be.

(3) Regulations under this section may, in particular, prescribe a method for calculating the seriousness of hazards which takes into account both the likelihood of the harm occurring and the severity of the harm if it were to occur.

(4) In this section—

“building” includes part of a building;

“harm” includes temporary harm.

(5) In this Act “health” includes mental health.

(1) If a local housing authority consider that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard.

(2) In subsection (1) “the appropriate enforcement action” means whichever of the following courses of action is indicated by subsection (3) or (4)—

a serving an improvement notice under section 11;

b making a prohibition order under section 20;

c serving a hazard awareness notice under section 28;

d taking emergency remedial action under section 40;

e making an emergency prohibition order under section 43 ;

f making a demolition order under subsection (1) or (2) of section 265 of the Housing Act 1985 (c. 68);

g declaring the area in which the premises concerned are situated to be a clearance area by virtue of section 289(2) of that Act.

(3) If only one course of action within subsection (2) is available to the authority in relation to the hazard, they must take that course of action.

(4) If two or more courses of action within subsection (2) are available to the authority in relation to the hazard, they must take the course of action which they consider to be the most appropriate of those available to them.

(5) The taking by the authority of a course of action within subsection (2) does not prevent subsection (1) from requiring them to take in relation to the same hazard—

a either the same course of action again or another such course of action, if they consider that the action taken by them so far has not proved satisfactory, or

b another such course of action, where the first course of action is that mentioned in subsection (2)(g) and their eventual decision under section 289(2F) of the Housing Act 1985 means that the premises concerned are not to be included in a clearance area.

(6) To determine whether a course of action mentioned in any of paragraphs (a) to (g) of subsection (2) is “available” to the authority in relation to the hazard, see the provision mentioned in that paragraph.

(7) Section 6 applies for the purposes of this section.

(1) This section explains the effect of provisions contained in subsection (2) of section 5.

(2) In the case of paragraph (b) or (f) of that subsection, the reference to making an order such as is mentioned in that paragraph is to be read as a reference to making instead a determination under section 300(1) or (2) of the Housing Act 1985 (c. 68) (power to purchase for temporary housing use) in a case where the authority consider the latter course of action to be the better alternative in the circumstances.

(3) In the case of paragraph (d) of that subsection, the authority may regard the taking of emergency remedial action under section 40 followed by the service of an improvement notice under section 11 as a single course of action.

(4) In the case of paragraph (e) of that subsection, the authority may regard the making of an emergency prohibition order under section 43 followed by the service of a prohibition order under section 20 as a single course of action.

(5) In the case of paragraph (g) of that subsection—

a any duty to take the course of action mentioned in that paragraph is subject to the operation of subsections (2B) to (4) and (5B) of section 289 of the Housing Act 1985 (procedural and other restrictions relating to slum clearance declarations); and

b that paragraph does not apply in a case where the authority have already declared the area in which the premises concerned are situated to be a clearance area in accordance with section 289, but the premises have been excluded by virtue of section 289(2F)(b).

(1) The provisions mentioned in subsection (2) confer power on a local housing authority to take particular kinds of enforcement action in cases where they consider that a category 2 hazard exists on residential premises.

(2) The provisions are—

a section 12 (power to serve an improvement notice),

b section 21 (power to make a prohibition order),

c section 29 (power to serve a hazard awareness notice),

d section 265(3) and (4) of the Housing Act 1985 (power to make a demolition order), and

e section 289(2ZB) of that Act (power to make a slum clearance declaration).

(3) The taking by the authority of one of those kinds of enforcement action in relation to a particular category 2 hazard does not prevent them from taking either—

a the same kind of action again, or

b a different kind of enforcement action,

in relation to the hazard, where they consider that the action taken by them so far has not proved satisfactory.

(1) This section applies where a local housing authority decide to take one of the kinds of enforcement action mentioned in section 5(2) or 7(2) (“the relevant action”).

(2) The authority must prepare a statement of the reasons for their decision to take the relevant action.

(3) Those reasons must include the reasons why the authority decided to take the relevant action rather than any other kind (or kinds) of enforcement action available to them under the provisions mentioned in section 5(2) or 7(2) .

(4) A copy of the statement prepared under subsection (2) must accompany every notice, copy of a notice, or copy of an order which is served in accordance with—

a Part 1 of Schedule 1 to this Act (service of improvement notices etc.),

b Part 1 of Schedule 2 to this Act (service of copies of prohibition orders etc.), or

c section 268 of the Housing Act 1985 (service of copies of demolition orders),

in or in connection with the taking of the relevant action.

(5) In subsection (4)—

a the reference to Part 1 of Schedule 1 to this Act includes a reference to that Part as applied by section 28(7) or 29(7) (hazard awareness notices) or to section 40(7) (emergency remedial action); and

b the reference to Part 1 of Schedule 2 to this Act includes a reference to that Part as applied by section 43(4) (emergency prohibition orders).

(6) If the relevant action consists of declaring an area to be a clearance area, the statement prepared under subsection (2) must be published—

a as soon as possible after the relevant resolution is passed under section 289 of the Housing Act 1985, and

b in such manner as the authority consider appropriate.

a their functions under this Chapter in relation to the inspection of premises and the assessment of hazards,

b their functions under Chapter 2 of this Part in relation to improvement notices, prohibition orders or hazard awareness notices,

c their functions under Chapter 3 in relation to emergency remedial action and emergency prohibition orders, or

d their functions under Part 9 of the Housing Act 1985 (c. 68) in relation to demolition orders and slum clearance.

a are satisfied that a prescribed fire hazard exists in an HMO or in any common parts of a building containing one or more flats, and

b intend to take in relation to the hazard one of the kinds of enforcement action mentioned in section 5(2) or section 7(2).

“emergency measures” means emergency remedial action under section 43 or an emergency prohibition order under section 43;

“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21);

“prescribed fire hazard” means a category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.

(1) If—

a the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and

b no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving an improvement notice under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

(2) An improvement notice under this section is a notice requiring the person on whom it is served to take such remedial action in respect of the hazard concerned as is specified in the notice in accordance with subsections (3) to (5) and section 13.

(3) The notice may require remedial action to be taken in relation to the following premises—

a if the residential premises on which the hazard exists are a dwelling or HMO which is not a flat, it may require such action to be taken in relation to the dwelling or HMO;

b if those premises are one or more flats, it may require such action to be taken in relation to the building containing the flat or flats (or any part of the building) or any external common parts;

c if those premises are the common parts of a building containing one or more flats, it may require such action to be taken in relation to the building (or any part of the building) or any external common parts.

Paragraphs (b) and (c) are subject to subsection (4).

(4) The notice may not, by virtue of subsection (3)(b) or (c), require any remedial action to be taken in relation to any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

a that the deficiency from which the hazard arises is situated there, and

b that it is necessary for the action to be so taken in order to protect the health or safety of any actual or potential occupiers of one or more of the flats.

(5) The remedial action required to be taken by the notice —

a must, as a minimum, be such as to ensure that the hazard ceases to be a category 1 hazard; but

b may extend beyond such action.

(6) An improvement notice under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

(7) The operation of an improvement notice under this section may be suspended in accordance with section 14 .

(8) In this Part “remedial action”, in relation to a hazard, means action (whether in the form of carrying out works or otherwise) which, in the opinion of the local housing authority, will remove or reduce the hazard.

(1) If—

a the local housing authority are satisfied that a category 2 hazard exists on any residential premises, and

b no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may serve an improvement notice under this section in respect of the hazard.

(2) An improvement notice under this section is a notice requiring the person on whom it is served to take such remedial action in respect of the hazard concerned as is specified in the notice in accordance with subsection (3) and section 13.

(3) Subsections (3) and (4) of section 11 apply to an improvement notice under this section as they apply to one under that section.

(4) An improvement notice under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.

(5) An improvement notice under this section may be combined in one document with a notice under section 11 where they require remedial action to be taken in relation to the same premises.

(6) The operation of an improvement notice under this section may be suspended in accordance with section 14.

(1) An improvement notice under section 11 or 12 must comply with the following provisions of this section.

(2) The notice must specify, in relation to the hazard (or each of the hazards) to which it relates—

a whether the notice is served under section section 11 or 12 ,

b the nature of the hazard and the residential premises on which it exists,

c the deficiency giving rise to the hazard,

d the premises in relation to which remedial action is to be taken in respect of the hazard and the nature of that remedial action,

e the date when the remedial action is to be started (see subsection (3)), and

f the period within which the remedial action is to be completed or the periods within which each part of it is to be completed.

(3) The notice may not require any remedial action to be started earlier than the 28th day after that on which the notice is served.

(4) The notice must contain information about—

a the right of appeal against the decision under Part 3 of Schedule 1, and

b the period within which an appeal may be made.

(5) In this Part of this Act “specified premises”, in relation to an improvement notice, means premises specified in the notice, in accordance with subsection (2)(d), as premises in relation to which remedial action is to be taken in respect of the hazard.

(1) An improvement notice may provide for the operation of the notice to be suspended until a time, or the occurrence of an event, specified in the notice.

(2) The time so specified may, in particular, be the time when a person of a particular description begins, or ceases, to occupy any premises.

(3) The event so specified may, in particular, be a notified breach of an undertaking accepted by the local housing authority for the purposes of this section from the person on whom the notice is served.

(4) In subsection (3) a “notified breach”, in relation to such an undertaking, means an act or omission by the person on whom the notice is served—

a which the local housing authority consider to be a breach of the undertaking, and

b which is notified to that person in accordance with the terms of the undertaking.

(5) If an improvement notice does provide for the operation of the notice to be suspended under this section—

a any periods specified in the notice under section 13 are to be fixed by reference to the day when the suspension ends, and

b in subsection (3) of that section the reference to the 28th day after that on which the notice is served is to be read as referring to the 21st day after that on which the suspension ends.

(1) This section deals with the time when an improvement notice becomes operative.

(2) The general rule is that an improvement notice becomes operative at the end of the period of 21 days beginning with the day on which it is served under Part 1 of Schedule 1 (which is the period for appealing against the notice under Part 3 of that Schedule).

(3) The general rule is subject to subsection (4) (suspended notices) and subsection (5) (appeals).

(4) If the notice is suspended under section 14 , the notice becomes operative at the time when the suspension ends.

(5) If an appeal against the notice is made under Part 3 of Schedule 1, the notice does not become operative until such time (if any) as is the operative time for the purposes of this subsection under paragraph 19 of that Schedule (time when notice is confirmed on appeal, period for further appeal expires or suspension ends).

(6) If no appeal against an improvement notice is made under that Part of that Schedule within the period for appealing against it, the notice is final and conclusive as to matters which could have been raised on an appeal.

(1) The local housing authority must revoke an improvement notice if they are satisfied that the requirements of the notice have been complied with.

(2) The local housing authority may revoke an improvement notice if—

a in the case of a notice served under section 11 , they consider that there are any special circumstances making it appropriate to revoke the notice; or

b in the case of a notice served under section 12 , they consider that it is appropriate to revoke the notice.

(3) Where an improvement notice relates to a number of hazards—

a subsection (1) is to be read as applying separately in relation to each of those hazards, and

b if, as a result, the authority are required to revoke only part of the notice, they may vary the remainder as they consider appropriate.

(4) The local housing authority may vary an improvement notice—

a with the agreement of the person on whom the notice was served, or

b in the case of a notice whose operation is suspended, so as to alter the time or events by reference to which the suspension is to come to an end.

(5) A revocation under this section comes into force at the time when it is made.

(6) If it is made with the agreement of the person on whom the improvement notice was served, a variation under this section comes into force at the time when it is made.

(7) Otherwise a variation under this section does not come into force until such time (if any) as is the operative time for the purposes of this subsection under paragraph 20 of Schedule 1 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

(8) The power to revoke or vary an improvement notice under this section is exercisable by the authority either—

a on an application made by the person on whom the improvement notice was served, or

b on the authority’s own initiative.

(1) The local housing authority may at any time review an improvement notice whose operation is suspended.

(2) The local housing authority must review an improvement notice whose operation is suspended not later than one year after the date of service of the notice and at subsequent intervals of not more than one year.

(3) Copies of the authority’s decision on a review under this section must be served—

a on the person on whom the improvement notice was served, and

b on every other person on whom a copy of the notice was required to be served.

Schedule 1 (which deals with the service of improvement notices, and notices relating to their revocation or variation, and with related appeals) has effect.

(1) This section applies where—

a an improvement notice has been served on any person (“the original recipient”) in respect of any premises, and

b at a later date (“the changeover date”) that person ceases to be a person of the relevant category in respect of the premises.

(2) In subsection (1) the reference to a person ceasing to be a “person of the relevant category” is a reference to his ceasing to fall within the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which the improvement notice was served on him.

(3) As from the changeover date, the liable person in respect of the premises is to be in the same position as if—

a the improvement notice had originally been served on him, and

b he had taken all steps relevant for the purposes of this Part which the original recipient had taken.

(4) The effect of subsection (3) is that, in particular, any period for compliance with the notice or for bringing any appeal is unaffected.

(5) But where the original recipient has become subject to any liability arising by virtue of this Part before the changeover date, subsection (3) does not have the effect of—

a relieving him of the liability, or

b making the new liable person subject to it.

(6) Subsection (3) applies with any necessary modifications where a person to whom it applies (by virtue of any provision of this section) ceases to be the liable person in respect of the premises.

(7) Unless subsection (8) or (9) applies, the person who is at any time the “liable person” in respect of any premises is the person having control of the premises.

(8) If—

a the original recipient was served as the person managing the premises, and

b there is a new person managing the premises as from the changeover date,

that new person is the “liable person”.

(9) If the original recipient was served as an owner of the premises, the “liable person” is the owner’s successor in title on the changeover date.

(1) If—

a the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and

b no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

making a prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

(2) A prohibition order under this section is an order imposing such prohibition or prohibitions on the use of any premises as is or are specified in the order in accordance with subsections (3) and (4) and section 22 .

(3) The order may prohibit use of the following premises—

a if the residential premises on which the hazard exists are a dwelling or HMO which is not a flat, it may prohibit use of the dwelling or HMO;

b if those premises are one or more flats, it may prohibit use of the building containing the flat or flats (or any part of the building) or any external common parts;

c if those premises are the common parts of a building containing one or more flats, it may prohibit use of the building (or any part of the building) or any external common parts.

Paragraphs (b) and (c) are subject to subsection (4).

(4) The notice may not, by virtue of subsection (3)(b) or (c), prohibit use of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

a that the deficiency from which the hazard arises is situated there, and

b that it is necessary for such use to be prohibited in order to protect the health or safety of any actual or potential occupiers of one or more of the flats.

(5) A prohibition order under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

(6) The operation of a prohibition order under this section may be suspended in accordance with section 23 .

(1) If—

a the local housing authority are satisfied that a category 2 hazard exists on any residential premises, and

b no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may make a prohibition order under this section in respect of the hazard.

(2) A prohibition order under this section is an order imposing such prohibition or prohibitions on the use of any premises as is or are specified in the order in accordance with subsection (3) and section 22.

(3) Subsections (3) and (4) of section 20 apply to a prohibition order under this section as they apply to one under that section.

(4) A prohibition order under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.

(5) A prohibition order under this section may be combined in one document with an order under section 20 where they impose prohibitions on the use of the same premises or on the use of premises in the same building containing one or more flats.

(6) The operation of a prohibition order under this section may be suspended in accordance with section 23 .

(1) A prohibition order under section 20 or 21 must comply with the following provisions of this section.

(2) The order must specify, in relation to the hazard (or each of the hazards) to which it relates—

a whether the order is made under section section 20 or 21 ,

b the nature of the hazard concerned and the residential premises on which it exists,

c the deficiency giving rise to the hazard,

d the premises in relation to which prohibitions are imposed by the order (see subsections (3) and (4)), and

e any remedial action which the authority consider would, if taken in relation to the hazard, result in their revoking the order under section 25 .

(3) The order may impose such prohibition or prohibitions on the use of any premises as—

a comply with section 20(3) and (4) , and

b the local housing authority consider appropriate in view of the hazard or hazards in respect of which the order is made.

(4) Any such prohibition may prohibit use of any specified premises, or of any part of those premises, either—

a for all purposes, or

b for any particular purpose,

except (in either case) to the extent to which any use of the premises or part is approved by the authority.

(5) A prohibition imposed by virtue of subsection (4)(b) may, in particular, relate to—

a occupation of the premises or part by more than a particular number of households or persons; or

b occupation of the premises or part by particular descriptions of persons.

(6) The order must also contain information about—

a the right under Part 3 of Schedule 2 to appeal against the order, and

b the period within which an appeal may be made,

and specify the date on which the order is made.

(7) Any approval of the authority for the purposes of subsection (4) must not be unreasonably withheld.

(8) If the authority do refuse to give any such approval, they must notify the person applying for the approval of—

a their decision,

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

c the right to appeal against the decision under subsection (9), and

d the period within which an appeal may be made,

within the period of seven days beginning with the day on which the decision was made.

(9) The person applying for the approval may appeal to the appropriate tribunal against the decision within the period of 28 days beginning with the date specified in the notice as the date on which it was made.

(10) In this Part of this Act “specified premises”, in relation to a prohibition order, means premises specified in the order, in accordance with subsection (2)(d), as premises in relation to which prohibitions are imposed by the order.

(1)A prohibition order may provide for the operation of the order to be suspended until a time, or the occurrence of an event, specified in the order.

(2)The time so specified may, in particular, be the time when a person of a particular description begins, or ceases, to occupy any premises.

(3)The event so specified may, in particular, be a notified breach of an undertaking accepted by the local housing authority for the purposes of this section from a person on whom a copy of the order is served.

(4)In subsection (3) a “notified breach”, in relation to such an undertaking, means an act or omission by such a person—

(a)which the local housing authority consider to be a breach of the undertaking, and

(b)which is notified to that person in accordance with the terms of the undertaking.

(1) This section deals with the time when a prohibition order becomes operative.

(2)The general rule is that a prohibition order becomes operative at the end of the period of 28 days beginning with the date specified in the notice as the date on which it is made.

(3)The general rule is subject to subsection (4) (suspended orders) and subsection (5) (appeals).

(4)If the order is suspended under section 23, the order becomes operative at the time when the suspension ends.This is subject to subsection (5).

(5)If an appeal is brought against the order under Part 3 of Schedule 2, the order does not become operative until such time (if any) as is the operative time for the purposes of this subsection under paragraph 14 of that Schedule (time when order is confirmed on appeal, period for further appeal expires or suspension ends).

(6)If no appeal against a prohibition order is made under that Part of that Schedule within the period for appealing against it, the order is final and conclusive as to matters which could have been raised on an appeal.

(7)Sections 584A and 584B of the Housing Act 1985 (c. 68) provide for the payment of compensation where certain prohibition orders become operative, and for the repayment of such compensation in certain circumstances.

a in the case of an order made under section 20, they consider that there are any special circumstances making it appropriate to revoke the order; or

b in the case of an order made under section 21, they consider that it is appropriate to do so.

a subsection (1) is to be read as applying separately in relation to each of those hazards, and

b if, as a result, the authority are required to revoke only part of the order, they may vary the remainder as they consider appropriate.

a with the agreement of every person on whom copies of the notice were required to be served under Part 1 of Schedule 2, or

b in the case of an order whose operation is suspended, so as to alter the time or events by reference to which the suspension is to come to an end.

a on an application made by a person on whom a copy of the order was required to be served under Part 1 of Schedule 2, or

b on the authority’s own initiative.

(1)The local housing authority may at any time review a prohibition order whose operation is suspended.

(2)The local housing authority must review a prohibition order whose operation is suspended not later than one year after the date on which the order was made and at subsequent intervals of not more than one year.

(3)Copies of the authority’s decision on a review under this section must be served on every person on whom a copy of the order was required to be served under Part 1 of Schedule 2.

Schedule 2 (which deals with the service of copies of prohibition orders, and notices relating to their revocation or variation, and with related appeals) has effect.

(1) If—

a the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and

b no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

serving a hazard awareness notice under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

(2) A hazard awareness notice under this section is a notice advising the person on whom it is served of the existence of a category 1 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

(3) The notice may be served in respect of the following premises—

a if the residential premises on which the hazard exists are a dwelling or HMO which is not a flat, it may be served in respect of the dwelling or HMO;

b if those premises are one or more flats, it may be served in respect of the building containing the flat or flats (or any part of the building) or any external common parts;

c if those premises are the common parts of a building containing one or more flats, it may be served in respect of the building (or any part of the building) or any external common parts.

Paragraphs (b) and (c) are subject to subsection (4).

(4) The notice may not, by virtue of subsection (3)(b) or (c), be served in respect of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists, unless the authority are satisfied—

a that the deficiency from which the hazard arises is situated there, and

b that it is desirable for the notice to be so served in the interests of the health or safety of any actual or potential occupiers of one or more of the flats.

(5) A notice under this section may relate to more than one category 1 hazard on the same premises or in the same building containing one or more flats.

(6) A notice under this section must specify, in relation to the hazard (or each of the hazards) to which it relates—

a the nature of the hazard and the residential premises on which it exists,

b the deficiency giving rise to the hazard,

c the premises on which the deficiency exists,

d the authority’s reasons for deciding to serve the notice, including their reasons for deciding that serving the notice is the most appropriate course of action, and

e details of the remedial action (if any) which the authority consider that it would be practicable and appropriate to take in relation to the hazard.

(7) Part 1 of Schedule 1 (which relates to the service of improvement notices and copies of such notices) applies to a notice under this section as if it were an improvement notice.

(8) For that purpose, any reference in that Part of that Schedule to “the specified premises” is, in relation to a hazard awareness notice under this section, a reference to the premises specified under subsection (6)(c).

(1) If—

a the local housing authority are satisfied that a category 2 hazard exists on any residential premises, and

b no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,

the authority may serve a hazard awareness notice under this section in respect of the hazard.

(2) A hazard awareness notice under this section is a notice advising the person on whom it is served of the existence of a category 2 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

(3) Subsections (3) and (4) of section 28 apply to a hazard awareness notice under this section as they apply to one under that section.

(4) A notice under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.

(5) A notice under this section must specify, in relation to the hazard (or each of the hazards) to which it relates—

a the nature of the hazard and the residential premises on which it exists,

b the deficiency giving rise to the hazard,

c the premises on which the deficiency exists,

d the authority’s reasons for deciding to serve the notice, including their reasons for deciding that serving the notice is the most appropriate course of action, and

e details of the remedial action (if any) which the authority consider that it would be practicable and appropriate to take in relation to the hazard.

(6) A notice under this section may be combined in one document with a notice under section 28 where they are served in respect of the same premises.

(7) Part 1 of Schedule 1 (which relates to the service of improvement notices and copies of such notices) applies to a notice under this section as if it were an improvement notice.

(8) For that purpose, any reference in that Part of that Schedule to “the specified premises” is, in relation to a hazard awareness notice under this section, a reference to the premises specified under subsection (5)(c).

(1) Where an improvement notice has become operative, the person on whom the notice was served commits an offence if he fails to comply with it.

(2) For the purposes of this Chapter compliance with an improvement notice means, in relation to each hazard, beginning and completing any remedial action specified in the notice—

a (if no appeal is brought against the notice) not later than the date specified under section 13(2)(e) and within the period specified under section 13(2) (f);

b (if an appeal is brought against the notice and is not withdrawn) not later than such date and within such period as may be fixed by the tribunal determining the appeal; and

c (if an appeal brought against the notice is withdrawn) not later than the 21st day after the date on which the notice becomes operative and within the period (beginning on that 21st day) specified in the notice under section 13(2) (f).

(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for failing to comply with the notice.

(5) The obligation to take any remedial action specified in the notice in relation to a hazard continues despite the fact that the period for completion of the action has expired.

(6) In this section any reference to any remedial action specified in a notice includes a reference to any part of any remedial action which is required to be completed within a particular period specified in the notice.

(7) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

(8) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

Schedule 3 (which enables enforcement action in respect of an improvement notice to be taken by local housing authorities either with or without agreement and which provides for the recovery of related expenses) has effect.

(1)A person commits an offence if, knowing that a prohibition order has become operative in relation to any specified premises, he—

(a)uses the premises in contravention of the order, or

(b)permits the premises to be so used.

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

(a)to a fine not exceeding level 5 on the standard scale, and

(b)to a further fine not exceeding £20 for every day or part of a day on which he so uses the premises, or permits them to be so used, after conviction.

(3)In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for using the premises, or (as the case may be) permitting them to be used, in contravention of the order.

Nothing in—

(a)the Rent Act 1977 (c. 42) or the Rent (Agriculture) Act 1976 (c. 80), or

(b)Part 1 of the Housing Act 1988 (c. 50),

prevents possession being obtained by the owner of any specified premises in relation to which a prohibition order is operative if possession of the premises is necessary for the purpose of complying with the order.

(1) Subsection (2) applies where—

a a prohibition order has become operative, and

b the whole or part of any specified premises form the whole or part of the subject matter of a lease.

(2) The lessor or the lessee may apply to the appropriate tribunal for an order determining or varying the lease.

(3) On such an application the tribunal may make an order determining or varying the lease, if it considers it appropriate to do so.

(4) Before making such an order, the tribunal must give any sub-lessee an opportunity of being heard.

(5) An order under this section may be unconditional or subject to such terms and conditions as the tribunal considers appropriate.

(6) The conditions may, in particular, include conditions about the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

(7) In deciding what is appropriate for the purposes of this section, the tribunal must have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

(8) In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.

(1) This section applies where an improvement notice or prohibition order has become operative.

(2) If the occupier of any specified premises—

a has received reasonable notice of any intended action in relation to the premises, but

b is preventing a relevant person, or any representative of a relevant person or of the local housing authority, from taking that action in relation to the premises,

a magistrates' court may order the occupier to permit to be done on the premises anything which the court considers is necessary or expedient for the purpose of enabling the intended action to be taken.

(3) If a relevant person—

a has received reasonable notice of any intended action in relation to any specified premises, but

b is preventing a representative of the local housing authority from taking that action in relation to the premises,

a magistrates' court may order the relevant person to permit to be done on the premises anything which the court considers is necessary or expedient for the purpose of enabling the intended action to be taken.

(4) A person who fails to comply with an order of the court under this section commits an offence.

(5) In proceedings for an offence under subsection (4) it is a defence that the person had a reasonable excuse for failing to comply with the order.

(6) A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20 in respect of each day or part of a day during which the failure continues.

(7) In this section “intended action”, in relation to any specified premises, means—

a where an improvement notice has become operative, any action which the person on whom that notice has been served is required by the notice to take in relation to the premises and which—

a (in the context of subsection (2)) is proposed to be taken by or on behalf of that person or on behalf of the local housing authority in pursuance of Schedule 3, or

b (in the context of subsection (3)) is proposed to be taken on behalf of the local housing authority in pursuance of Schedule 3;

b where a prohibition order has become operative, any action which is proposed to be taken and which either is necessary for the purpose of giving effect to the order or is remedial action specified in the order in accordance with section 22(2)(e) .

(8) In this section—

“relevant person”, in relation to any premises, means a person who is an owner of the premises, a person having control of or managing the premises, or the holder of any licence under Part 2 or 3 in respect of the premises;

“representative” in relation to a relevant person or a local housing authority, means any officer, employee, agent or contractor of that person or authority.

(1) Where an improvement notice or prohibition order has become operative, an owner of any specified premises may apply to a magistrates' court for an order under subsection (2).

(2) A magistrates' court may, on an application under subsection (1), make an order enabling the applicant—

a immediately to enter on the premises, and

b to take any required action within a period fixed by the order.

(3) In this section “required action” means—

a in the case of an improvement notice, any remedial action which is required to be taken by the notice;

b in the case of a prohibition order, any action necessary for the purpose of complying with the order or any remedial action specified in the order in accordance with section 22(2)(e).

(4) No order may be made under subsection (2) unless the court is satisfied that the interests of the applicant will be prejudiced as a result of a failure by another person to take any required action.

(5) No order may be made under subsection (2) unless notice of the application has been given to the local housing authority.

(6) If it considers that it is appropriate to do so, the court may make an order in favour of any other owner of the premises which is similar to the order that it is making in relation to the premises under subsection (2).

(1) An improvement notice or a prohibition order under this Chapter is a local land charge if subsection (2), (3) or (4) applies.

(2) This subsection applies if the notice or order has become operative.

(3) This subsection applies if—

a the notice or order is suspended under section 14 or 23, and

b the period for appealing against it under Part 3 of Schedule 1 or 2 has expired without an appeal having been brought.

(4) This subsection applies if—

a the notice or order is suspended under section 14 or 23,

b an appeal has been brought against it under Part 3 of Schedule 1 or 2, and

c were it not suspended—

i the notice would have become operative under section 15(5) by virtue of paragraph 19(2) of Schedule 1 (improvement notices: confirmation on appeal or expiry of period for further appeal), or

ii the order would have become operative under section 24(5) by virtue of paragraph 14(2) of Schedule 2 (prohibition orders: confirmation on appeal or expiry of period for further appeal).

(1) Nothing in this Chapter affects any remedy of an owner for breach of any covenant or contract entered into by a tenant in connection with any premises which are specified premises in relation to an improvement notice or prohibition order.

(2) If an owner is obliged to take possession of any premises in order to comply with an improvement notice or prohibition order, the taking of possession does not affect his right to take advantage of any such breach which occurred before he took possession.

(3) No action taken under this Chapter affects any remedy available to the tenant of any premises against his landlord (whether at common law or otherwise).

(1) Subsection (2) applies if—

a an improvement notice or prohibition order has been served or made under this Chapter, and

b a management order under Chapter 1 or 2 of Part 4 comes into force in relation to the specified premises.

(2) The improvement notice or prohibition order—

a if operative at the time when the management order comes into force, ceases to have effect at that time, and

b otherwise is to be treated as from that time as if it had not been served or made.

(3) Subsection (2)(a) does not affect any right acquired or liability (civil or criminal) incurred before the improvement notice or prohibition order ceases to have effect.

(4) Subsection (5) applies where, under section 308 of the Housing Act 1985 (c. 68) (owner’s re-development proposals), the local housing authority have approved proposals for the re-development of land.

(5) No action is to be taken under this Chapter in relation to the land if, and so long as, the re-development is being proceeded with (subject to any variation or extension approved by the authority)—

a in accordance with the proposals; and

b within the time limits specified by the local housing authority.

(1) If—

a the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and

b they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

c no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a), the taking by the authority of emergency remedial action under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

2

“Emergency remedial action” means such remedial action in respect of the hazard concerned as the authority consider immediately necessary in order to remove the imminent risk of serious harm within subsection (1)(b).

3

Emergency remedial action under this section may be taken by the authority in relation to any premises in relation to which remedial action could be required to be taken by an improvement notice under section 11 (see subsections (3) and (4) of that section).

4

Emergency remedial action under this section may be taken by the authority in respect of more than one category 1 hazard on the same premises or in the same building containing one or more flats.

5

Paragraphs 3 to 5 of Schedule 3 (improvement notices: enforcement action by local authorities) apply in connection with the taking of emergency remedial action under this section as they apply in connection with the taking of the remedial action required by an improvement notice which has become operative but has not been complied with.

6

The modifications are as follows—

a the right of entry conferred by paragraph 3(4) may be exercised at any time; and

b the notice required by paragraph 4 (notice before entering premises) must (instead of being served in accordance with that paragraph) be served on every person, who to the authority’s knowledge—

i is an occupier of the premises in relation to which the authority propose to take emergency remedial action, or

ii if those premises are common parts of a building containing one or more flats, is an occupier of any part of the building; but

c that notice is to be regarded as so served if a copy of it is fixed to some conspicuous part of the premises or building.

7

Within the period of seven days beginning with the date when the authority start taking emergency remedial action, the authority must serve—

a a notice under section 41, and

b copies of such a notice,

on the persons on whom the authority would be required under Part 1 of Schedule 1 to serve an improvement notice and copies of it.

8

Section 240 (warrant to authorise entry) applies for the purpose of enabling a local housing authority to enter any premises to take emergency remedial action under this section in relation to the premises, as if—

a that purpose were mentioned in subsection (2) of that section, and

b the circumstances as to which the justice of the peace must be satisfied under subsection (4) were that there are reasonable grounds for believing that the authority will not be able to gain admission to the premises without a warrant.

9

For the purposes of the operation of any provision relating to improvement notices as it applies by virtue of this section in connection with emergency remedial action or a notice under section 41, any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section 41(2)(c) , as those in relation to which emergency remedial action has been (or is to be) taken.

(1) The notice required by section 40(7) is a notice which complies with the following requirements of this section.

(2) The notice must specify, in relation to the hazard (or each of the hazards) to which it relates—

a the nature of the hazard and the residential premises on which it exists,

b the deficiency giving rise to the hazard,

c the premises in relation to which emergency remedial action has been (or is to be) taken by the authority under section 40 and the nature of that remedial action,

d the power under which that remedial action has been (or is to be) taken by the authority, and

e the date when that remedial action was (or is to be) started.

(3) The notice must contain information about—

a the right to appeal under section 45 against the decision of the authority to make the order, and

b the period within which an appeal may be made.

(1) This section relates to the recovery by a local housing authority of expenses reasonably incurred in taking emergency remedial action under section 40 (“emergency expenses”).

(2) Paragraphs 6 to 14 of Schedule 3 (improvement notices: enforcement action by local authorities) apply for the purpose of enabling alocal housing authority to recover emergency expenses as they apply for the purpose of enabling such an authority to recover expenses incurred in taking remedial action under paragraph 3 of that Schedule.

(3) The modifications are as follows—

a any reference to the improvement notice is to be read as a reference to the notice under section 41 and

b no amount is recoverable in respect of any emergency expenses until such time (if any) as is the operative time for the purposes of this subsection (see subsection (4)).

(4) This subsection gives the meaning of “the operative time” for the purposes of subsection (3)—

a if no appeal against the authority’s decision to take the emergency remedial action is made under section 45 before the end of the period of 28 days mentioned in subsection (3)(a) of that section, “the operative time” is the end of that period;

b if an appeal is made under that section within that period and a decision is given on the appeal which confirms the authority’s decision, “the operative time” is as follows—

i if the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;

ii if an appeal to the Upper Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the authority’s decision.

(5) For the purposes of subsection (4)—

a the withdrawal of an appeal has the same effect as a decision which confirms the authority’s decision, and

b references to a decision which confirms the authority’s decision are to a decision which confirms it with or without variation.

(1) If—

a the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and

b they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

c no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a),

making an emergency prohibition order under this section in respect of the hazard is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).

(2) An emergency prohibition order under this section is an order imposing, with immediate effect, such prohibition or prohibitions on the use of any premises as are specified in the order in accordance with subsection (3) and section 44 .

(3) As regards the imposition of any such prohibition or prohibitions, the following provisions apply to an emergency prohibition order as they apply to a prohibition order under section 20 —

a subsections (3) to (5) of that section, and

b subsections (3) to (5) and (7) to (9) of section 22.

(4) Part 1 of Schedule 2 (service of copies of prohibition orders) applies in relation to an emergency prohibition order as it applies to a prohibition order, but any requirement to serve copies within a specified period of seven days is to be read as a reference to serve them on the day on which the emergency prohibition order is made (or, if that is not possible, as soon after that day as is possible).

(5) The following provisions also apply to an emergency prohibition order as they apply to a prohibition order (or to a prohibition order which has become operative, as the case may be)—

a section 25 (revocation and variation);

b sections 32 to 36 (enforcement);

c sections 37 to 39 (supplementary provisions); and

d Part 2 of Schedule 2 (notices relating to revocation or variation);

e Part 3 of that Schedule (appeals) so far as it relates to any decision to vary, or to refuse to revoke or vary, a prohibition order; and

f sections 584A and 584B of the Housing Act 1985 (c. 68) (payment, and repayment, of compensation).

(6) For the purposes of the operation of any provision relating to prohibition orders as it applies in connection with emergency prohibition orders by virtue of this section or section 45, any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section 44(2)(c) , as the premises in relation to which prohibitions are imposed by the order.

(1) An emergency prohibition order under section 43 must comply with the following requirements of this section.

(2) The order must specify, in relation to the hazard (or each of the hazards) to which it relates—

a the nature of the hazard concerned and the residential premises on which it exists,

b the deficiency giving rise to the hazard,

c the premises in relation to which prohibitions are imposed by the order (see subsections (3) and (4) of section 22 as applied by section 43(3)), and

d any remedial action which the authority consider would, if taken in relation to the hazard, result in their revoking the order under section 25 (as applied by section 43(5)).

(3) The order must contain information about—

a the right to appeal under section 45 against the order, and

b the period within which an appeal may be made,

and specify the date on which the order is made.

(1) A person on whom a notice under section 41 has been served in connection with the taking of emergency remedial action under section 40 may appeal to the appropriate tribunal against the decision of the local housing authority to take that action.

(2) A relevant person may appeal to the appropriate tribunal against an emergency prohibition order.

(3) An appeal under subsection (1) or (2) must be made within the period of 28 days beginning with—

a the date specified in the notice under section 41 as the date when the emergency remedial action was (or was to be) started, or

b the date specified in the emergency prohibition order as the date on which the order was made,

as the case may be.

(4) The appropriate tribunal may allow an appeal to be made to it after the end of that period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

(5) An appeal under subsection (1) or (2)—

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.

(6) The tribunal may—

a in the case of an appeal under subsection (1), confirm, reverse or vary the decision of the authority;

b in the case of an appeal under subsection (2), confirm or vary the emergency prohibition order or make an order revoking it as from a date specified in that order.

(7) Paragraph 16 of Schedule 2 applies for the purpose of identifying who is a relevant person for the purposes of subsection (2) in relation to an emergency prohibition order as it applies for the purpose of identifying who is a relevant person for the purposes of Part 3 of that Schedule in relation to a prohibition order.

For section 265 of the Housing Act 1985 (c. 68) substitute—

“265Demolition orders

(1)If—

(a)the local housing authority are satisfied that a category 1 hazard exists in a dwelling or HMO which is not a flat, and

(b)this subsection is not disapplied by subsection (5),making a demolition order in respect of the dwelling or HMO is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).

(2)If, in the case of any building containing one or more flats—

(a)the local housing authority are satisfied that a category 1 hazard exists in one or more of the flats contained in the building or in any common parts of the building, and

(b)this subsection is not disapplied by subsection (5),making a demolition order in respect of the building is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004.

(3)The local housing authority may make a demolition order in respect of a dwelling or HMO which is not a flat if—

(a)they are satisfied that a category 2 hazard exists in the dwelling or HMO,

(b)this subsection is not disapplied by subsection (5), and

(c)the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.

(4)The local housing authority may make a demolition order in respect of any building containing one or more flats if—

(a)they are satisfied that a category 2 hazard exists in one or more of the flats contained in the building or in any common parts of the building,

(b)this subsection is not disapplied by subsection (5), and

(c)the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.

(5)None of subsections (1) to (4) applies if a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.

(6)This section also has effect subject to section 304(1) (no demolition order to be made in respect of listed building).

(7)In this section “HMO” means house in multiple occupation.

(8)An order made under subsection (3) or (4)—

(a)may make different provision for different cases or descriptions of case (including different provision for different areas);

(b)may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9)Sections 584A and 584B provide for the payment of compensation where demolition orders are made under this section, and for the repayment of such compensation in certain circumstances.”

In section 289 of the Housing Act 1985 (c. 68) (declaration of clearance area) for subsections (2) and (2A) substitute—

“(2)If the local housing authority are satisfied, in relation to any area—

(a)that each of the residential buildings in the area contains a category 1 hazard, and

(b)that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area,declaring the area to be a clearance area is a course of action available to the authority in relation to the hazard or hazards for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).

(2ZA)The local housing authority may declare an area to be a clearance area if they are satisfied that—

(a)the residential buildings in the area are dangerous or harmful to the health or safety of the inhabitants of the area as a result of their bad arrangement or the narrowness or bad arrangement of the streets; and

(b)that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area.

(2ZB)The local housing authority may declare an area to be a clearance area if they are satisfied that—

(a)that each of the residential buildings in the area contains a category 2 hazard,

(b)that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area, and

(c)the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.Subsection (8) of section 265 applies in relation to an order under this subsection as it applies in relation to an order under subsection (3) or (4) of that section.

(2ZC)In this section “residential buildings” means buildings which are dwellings or houses in multiple occupation or contain one or more flats.This is subject to subsection (2ZD).

(2ZD)For the purposes of subsection (2) or (2ZB)—

(a)subsection (2ZC) applies as if “two or more flats” were substituted for “one or more flats”; and

(b)a residential building containing two or more flats is only to be treated as containing a category 1 or 2 hazard if two or more of the flats within it contain such a hazard.

(2ZE)Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).”

(1) Part 9 of the Housing Act 1985 (c. 68) (slum clearance) is further amended as follows.

(2) In section 269 (right of appeal against demolition order etc.)—

a in subsection (1), for “the county court” substitute “ a residential property tribunal ”;

b in subsection (3), for “court” substitute “ tribunal ”; and

c in subsection (6)(a) and (b), for “Court of Appeal” substitute “ Lands Tribunal ”.

(3) In section 272 (demolition orders)—

a in subsection (2), for “the court” in the first place it appears substitute “ a residential property tribunal ”, and in the second place it appears substitute “ such a tribunal ”;

b in subsection (5), for the words from the beginning to “and has” substitute “ A residential property tribunal has jurisdiction to hear and determine proceedings under subsection (1) (as well as those under subsection (2)), and a county court has ”; and

c in subsection (6), for “the court” substitute “ a tribunal or court ”.

(4) In section 317 (power of court to determine lease where premises demolished etc.)—

a in subsection (1), for “the county court” substitute “ a residential property tribunal ”; and

b in subsections (2) and (3), for “court” substitute “ tribunal ”.

(5) In section 318 (power of court to authorise execution of works on unfit premises or for improvement)—

a in the sidenote, for “court” substitute “ tribunal ”;

b in subsection (1), for “the court” in the first place it appears substitute “ a residential property tribunal ”, and in the second place it appears substitute “ the tribunal ”;

c in subsections (2) and (3), for “court” substitute “ tribunal ”; and

d omit subsection (4).

(1)A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering certain administrative and other expenses incurred by them in—

(a)serving an improvement notice under section 11 or 12 ;

(b)making a prohibition order under section 20 or 21 ;

(c)serving a hazard awareness notice under section 28 or 29 ;

(d)taking emergency remedial action under section 40 ;

(e)making an emergency prohibition order under section 43 ; or

(f)making a demolition order under section 265 of the Housing Act 1985 (c. 68).

(2)The expenses are, in the case of the service of an improvement notice or a hazard awareness notice, the expenses incurred in—

(a)determining whether to serve the notice,

(b)identifying any action to be specified in the notice, and

(c)serving the notice.

(3)The expenses are, in the case of emergency remedial action under section 40, the expenses incurred in—

(a)determining whether to take such action, and

(b)serving the notice required by subsection (7) of that section.

(4)The expenses are, in the case of a prohibition order under section 20 or 21 of this Act, an emergency prohibition order under section 43 or a demolition order under section 265 of the Housing Act 1985, the expenses incurred in—

(a)determining whether to make the order, and

(b)serving copies of the order on persons as owners of premises.

(5)A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering expenses incurred by them in—

(a)carrying out any review under section 17 or 26 , or

(b)serving copies of the authority’s decision on such a review.

(6)The amount of the charge may not exceed such amount as is specified by order of the appropriate national authority.

(7)Where a tribunal allows an appeal against the underlying notice or order mentioned in subsection (1), it may make such order as it considers appropriate reducing, quashing, or requiring the repayment of, any charge under this section made in respect of the notice or order.

(1)This section relates to the recovery by a local housing authority of a charge made by them under section 49 .

(2)In the case of—

(a)an improvement notice under section 11 or 12 , or

(b)a hazard awareness notice under section 28 or 29 ,the charge may be recovered from the person on whom the notice is served.

(3)In the case of emergency remedial action under section 40 , the charge may be recovered from the person served with the notice required by subsection (7) of that section.

(4)In the case of—

(a)a prohibition order under section 20 or 21 ,

(b)an emergency prohibition order under section 43 , or

(c)a demolition order under section 265 of the Housing Act 1985 (c. 68),the charge may be recovered from any person on whom a copy of the order is served as an owner of the premises.

(5)A demand for payment of the charge must be served on the person from whom the authority seek to recover it.

(6)The demand becomes operative, if no appeal is brought against the underlying notice or order, at the end of the period of 21 days beginning with the date of service of the demand.

(7)If such an appeal is brought and a decision is given on the appeal which confirms the underlying notice or order, the demand becomes operative at the time when—

(a)the period within which an appeal to the [F1Upper Tribunal] may be brought expires without such an appeal having been brought, or

(b)a decision is given on such an appeal which confirms the notice or order.

(8)For the purposes of subsection (7)—

(a)the withdrawal of an appeal has the same effect as a decision which confirms the notice or order, and

(b)references to a decision which confirms the notice or order are to a decision which confirms it with or without variation.

(9)As from the time when the demand becomes operative, the sum recoverable by the authority is, until recovered, a charge on the premises concerned.

(10)The charge takes effect at that time as a legal charge which is a local land charge.

(11)For the purpose of enforcing the charge the authority have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

(12)The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

(13)The appropriate national authority may by regulations prescribe the form of, and the particulars to be contained in, a demand for payment of any charge under section 49 .

Omit section 86 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (power to improve existing enforcement procedures in relation to unfitness for human habitation etc.).

Omit sections 283 to 288 of the Housing Act 1985 (c. 68) (demolition of obstructive buildings).

(1) In the London Building Acts (Amendment) Act 1939 (c. xcvii)—

a omit section 35(1)(c)(i) (protection against fire in certain old buildings let in flats or tenements);

b in section 36(1) (projecting shops in which persons are employed or sleep) omit “or sleep”; and

c in section 37(1) (means of access to roofs), in paragraph (b) for the words from “except” onwards substitute “ except to the extent that it is occupied for residential purposes; ”.

(2) In the County of Merseyside Act 1980 (c. x) omit section 48 (means of escape from fire) and section 49(1) and (2) (maintenance of means of escape from fire).

(3) In the Building Act 1984 (c. 55) omit section 72(6)(a) (means of escape from fire in case of certain buildings let in flats or tenements).

(4) In the Leicestershire Act 1985 (c. xvii) omit section 54(6)(a) (means of escape from fire in case of certain buildings used as flats or tenements).

(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) Sections 63 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—

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 the appropriate 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;

aa that no banning order under section 16 of the Housing and Planning Act 2016 is in force against a person who—

i owns an estate or interest in the house or part of it, and

ii is a lessor or licensor of the house or part;

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,

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.

(3C) A person is not a fit and proper person for the purposes of section 64(3)(b) or (d) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person.

(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 or 70A , 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.

(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).

(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 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 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 committed a serious breach of a condition of the licence or repeated breaches of such a condition;

b where the authority no longer consider that the licence holder is a fit and proper person to be the licence holder; and

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.

Section 66(1) applies in relation to paragraph (b) or (c) above as it applies in relation to section 64(3)(b) or (d).

(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 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.

(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 existing at the time when they are considering whether to revoke the licence as were applicable at the time when it was granted.

(6) 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.

(7) A revocation made with the agreement of the licence holder takes effect at the time when it is made.

(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 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)—

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 accordance with section 67(5).

(1) The local housing authority must revoke a licence if a banning order is made against the licence holder.

(2) The local housing authority must revoke a licence if a banning order is made against a person who—

a owns an estate or interest in the house or part of it, and

b is a lessor or licensor of the house or part.

(3) The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.

(4) The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.

(5) In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.

(1) The local housing authority must revoke a licence if a banning order is made against the licence holder.

(2) The local housing authority must revoke a licence if a banning order is made against a person who—

a owns an estate or interest in the house or part of it, and

b is a lessor or licensor of the house or part.

(3) The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.

(4) The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.

(5) In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.

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.

(1) A person commits an offence if he is 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.

(2) A person commits an offence if—

a he is a person having control of or managing an HMO which is licensed under this Part,

b he knowingly permits another person to occupy the house, and

c the other person’s occupation results in the house being occupied by more households or persons than is authorised by the licence.

(3) 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 67(5), and

b he fails to comply with any condition of the licence.

(4) In proceedings against a person for an offence under subsection (1) it is a defence that, at the material time—

a a notification had been duly given in respect of the house under section 62(1), or

b an application for a licence had been duly made in respect of the house under section 63,

and that notification or application was still effective (see subsection (8)).

(5) In proceedings against a person for an offence under subsection (1), (2) or (3) 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

b for permitting the person to occupy the house, or

c for failing to comply with the condition,

as the case may be.

(6) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine .

(7) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7A) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

(7B) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

(8) For the purposes of subsection (4) 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 of the notification or application, or

b if they have decided not to do so, one of the conditions set out in subsection (9) is met.

(9) The conditions are—

a that the period for appealing against the decision of the authority not to serve or grant such a notice or licence (or against any relevant decision of the appropriate 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.

(10) In subsection (9) “relevant decision” means a decision which is given on an appeal to the tribunal and confirms the authority’s decision (with or without variation).

(1) For the purposes of this section an HMO is an “unlicensed HMO” if—

a it is required to be licensed under this Part but is not so licensed, and

b neither of the conditions in subsection (2) is satisfied.

(2) The conditions are—

a that a notification has been duly given in respect of the HMO under section 62(1) and that notification is still effective (as defined by section 72(8));

b that an application for a licence has been duly made in respect of the HMO under section 63 and that application is still effective (as so defined).

(3) No rule of law relating to the validity or enforceability of contracts in circumstances involving illegality is to affect the validity or enforceability of—

a any provision requiring the payment of rent or the making of any other periodical payment in connection with any tenancy or licence of a part of an unlicensed HMO, or

b any other provision of such a tenancy or licence.

(4) But amounts paid in respect of rent or other periodical payments payable in connection with such a tenancy or licence may be recovered in accordance with subsection (5) and section 74 (in the case of an HMO in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of an HMO in England) .

(5) If—

a an application in respect of an HMO is made to the appropriate tribunal by the local housing authority or an occupier of a part of the HMO in Wales , and

b the tribunal is satisfied as to the matters mentioned in subsection (6) or (8),

the tribunal may make an order (a “rent repayment order”) requiring the appropriate person to pay to the applicant such amount in respect of the relevant award or awards of universal credit or the housing benefit paid as mentioned in subsection (6)(b), or (as the case may be) the periodical payments paid as mentioned in subsection (8)(b), as is specified in the order ( see section 74(2) to (8)).

(6) If the application is made by the local housing authority, the tribunal must be satisfied as to the following matters—

a that, at any time within the period of 12 months ending with the date of the notice of intended proceedings required by subsection (7), the appropriate person has committed an offence under section 72(1) in relation to the HMO (whether or not he has been charged or convicted),

b that—

i one or more relevant awards of universal credit have been paid (to any person); or

ii housing benefit has been paid (to any person) in respect of periodical payments payable in connection with the occupation of a part or parts of the HMO ,

c that the requirements of subsection (7) have been complied with in relation to the application.

(6A) In subsection (6)(b)(i), “relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( S.I. 2013/376 ) or any corresponding provision replacing that Schedule, in respect of periodical payments payable in connection with the occupation of a part or parts of the HMO.

(7) Those requirements are as follows—

a the authority must have served on the appropriate person a notice (a “notice of intended proceedings”)—

i informing him that the authority are proposing to make an application under subsection (5),

ii setting out the reasons why they propose to do so,

iii stating the amount that they will seek to recover under that subsection and how that amount is calculated, and

iv inviting him to make representations to them within a period specified in the notice of not less than 28 days;

b that period must have expired; and

c the authority must have considered any representations made to them within that period by the appropriate person.

(8) If the application is made by an occupier of a part of the HMO, the tribunal must be satisfied as to the following matters—

a that the appropriate person has been convicted of an offence under section 72(1) in relation to the HMO, or has been required by a rent repayment order to make a payment in respect of

i one or more relevant awards of universal credit, or

ii housing benefit paid in connection with occupation of a part or parts of the HMO ,

b that the occupier paid, to a person having control of or managing the HMO , periodical payments in respect of occupation of part of the HMO during any period during which it appears to the tribunal that such an offence was being committed in relation to the HMO , and

c that the application is made within the period of 12 months beginning with—

i the date of the conviction or order, or

ii if such a conviction was followed by such an order (or vice versa), the date of the later of them.

(9) Where a local housing authority serve a notice of intended proceedings on any person under this section, they must ensure—

a that a copy of the notice is received by the department of the authority responsible for administering the housing benefit to which the proceedings would relate; and

b that that department is subsequently kept informed of any matters relating to the proceedings that are likely to be of interest to it in connection with the administration of housing benefit.

(10) In this section—

“ the appropriate person ”, in relation to any payment of universal credit or housing benefit or periodical payment payable in connection with occupation of a part of an HMO , means the person who at the time of the payment was entitled to receive on his own account periodical payments payable in connection with such occupation;

“ housing benefit ” means housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992 (c. 4) ;

“ occupier ”, in relation to any periodical payment, means a person who was an occupier at the time of the payment, whether under a tenancy or licence or otherwise (and “ occupation ” has a corresponding meaning);

“periodical payments” means— payments in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit, as referred to in paragraph 3 of Schedule 4 to the Universal Credit Regulations 2013 (“relevant payments”) ( S.I. 2013/376 ) or any corresponding provision replacing that paragraph; and periodical payments in respect of which housing benefit may be paid by virtue of regulation 12 of the Housing Benefit Regulations 2006 or any corresponding provision replacing that regulation;

payments in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit, as referred to in paragraph 3 of Schedule 4 to the Universal Credit Regulations 2013 (“relevant payments”) ( S.I. 2013/376 ) or any corresponding provision replacing that paragraph; and

periodical payments in respect of which housing benefit may be paid by virtue of regulation 12 of the Housing Benefit Regulations 2006 or any corresponding provision replacing that regulation;

(11) For the purposes of this section an amount which—

a is not actually paid by an occupier but is used by him to discharge the whole or part of his liability in respect of a periodical payment (for example, by offsetting the amount against any such liability), and

b is not an amount of universal credit or housing benefit,

is to be regarded as an amount paid by the occupier in respect of that periodical payment.

(1) This section applies in relation to rent repayment orders made by residential property tribunals under section 73(5).

(2) Where, on an application by the local housing authority, the tribunal is satisfied—

a that a person has been convicted of an offence under section 72(1) in relation to the HMO, and

b that—

i i)one or more relevant awards of universal credit (as defined in section 73(6A)) were paid (whether or not to the appropriate person), or

ii housing benefit was paid (whether or not to the appropriate person) in respect of periodical payments payable in connection with occupation of a part or parts of the HMO ,

during any period during which it appears to the tribunal that such an offence was being committed in relation to the HMO in question,

the tribunal must make a rent repayment order requiring the appropriate person to pay to the authority the amount mentioned in subsection (2A).

This is subject to subsections (3), (4) and (8).

(2A) The amount referred to in subsection (2) is—

a an amount equal to—

i i)where one relevant award of universal credit was paid as mentioned in subsection (2)(b)(i), the amount included in the calculation of that award under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( S.I. 2013/376 ) or any corresponding provision replacing that Schedule, or the amount of the award if less; or

ii if more than one such award was paid as mentioned in subsection (2)(b)(i), the sum of the amounts included in the calculation of those awards as referred to in sub-paragraph (i), or the sum of the amounts of those awards if less, or

b an amount equal to the total amount of housing benefit paid as mentioned in subsection (2)(b)(ii),

(as the case may be).

(3) If the total of the amounts received by the appropriate person in respect of periodical payments payable as mentioned in paragraph (b) of subsection (2) (“the rent total”) is less than the amount mentioned in subsection (2A), the amount required to be paid by virtue of a rent repayment order made in accordance with that subsection is limited to the rent total.

(4) A rent repayment order made in accordance with subsection (2) may not require the payment of any amount which the tribunal is satisfied that, by reason of any exceptional circumstances, it would be unreasonable for that person to be required to pay.

(5) In a case where subsection (2) does not apply, the amount required to be paid by virtue of a rent repayment order under section 73(5) is to be such amount as the tribunal considers reasonable in the circumstances.

(6) In such a case the tribunal must, in particular, take into account the following matters—

a the total amount of relevant payments paid in connection with occupation of the HMO during any period during which it appears to the tribunal that an offence was being committed by the appropriate person in relation to the HMO under section 72(1);

b the extent to which that total amount—

i consisted of, or derived from, payments of relevant awards of universal credit orhousing benefit, and

ii was actually received by the appropriate person;

c whether the appropriate person has at any time been convicted of an offence under section 72(1) in relation to the HMO;

d the conduct and financial circumstances of the appropriate person; and

e where the application is made by an occupier, the conduct of the occupier.

(7) In subsection (6) “relevant payments” means—

a in relation to an application by a local housing authority, payments of relevant awards of universal credit, housing benefit or periodical payments payable by occupiers;

b in relation to an application by an occupier, periodical payments payable by the occupier, less

i where one or more relevant awards of universal credit were payable during the period in question, the amount mentioned in subsection (2A)(a) in respect of the award or awards that related to the occupation of the part of the HMO occupied by him during that period; or

ii any amount of housing benefit payable in respect of the occupation of the part of the HMO occupied by him during the period in question

(8) A rent repayment order may not require the payment of any amount which—

a (where the application is made by a local housing authority) is in respect of any time falling outside the period of 12 months mentioned in section 73(6)(a); or

b (where the application is made by an occupier) is in respect of any time falling outside the period of 12 months ending with the date of the occupier’s application under section 73(5);

and the period to be taken into account under subsection (6)(a) above is restricted accordingly.

(9) Any amount payable to a local housing authority under a rent repayment order—

a does not, when recovered by the authority, constitute an amount of universal credit or housing benefit recovered by them, and

b until recovered by them, is a legal charge on the HMO which is a local land charge.

(10) For the purpose of enforcing that charge the authority have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were mortgagees by deed having powers of sale and lease, and of accepting surrenders of leases and of appointing a receiver.

(11) The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

(12) If the authority subsequently grant a licence under this Part or Part 3 in respect of the HMO to the appropriate person or any person acting on his behalf, the conditions contained in the licence may include a condition requiring the licence holder—

a to pay to the authority any amount payable to them under the rent repayment order and not so far recovered by them; and

b to do so in such instalments as are specified in the licence.

(13) If the authority subsequently make a management order under Chapter 1 of Part 4 in respect of the HMO , the order may contain such provisions as the authority consider appropriate for the recovery of any amount payable to them under the rent repayment order and not so far recovered by them.

(14) Any amount payable to an occupier by virtue of a rent repayment order is recoverable by the occupier as a debt due to him from the appropriate person.

(15) The appropriate national authority may by regulations make such provision as it considers appropriate for supplementing the provisions of this section and section 73, and in particular—

a for securing that persons are not unfairly prejudiced by rent repayment orders (whether in cases where there have been over-payments of universal credit or housing benefit or otherwise);

b for requiring or authorising amounts received by local housing authorities by virtue of rent repayment orders to be dealt with in such manner as is specified in the regulations.

(16) Section 73(10) and (11) apply for the purposes of this section as they apply for the purposes of section 73.

(1) No section 21 notice may be given in relation to a shorthold tenancy of a part of an unlicensed HMO so long as it remains such an HMO.

(2) In this section—

a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (c. 50) (recovery of possession on termination of shorthold tenancy);

a “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of that Act;

“unlicensed HMO” has the same meaning as in section 73 of this Act.

(1) Subsection (2) applies where—

a an order under section 55(3) which prescribes a particular description of HMOs comes into force; or

b a designation under section 56 comes into force in relation to HMOs of a particular description.

(2) This Part applies in relation to the occupation by persons or households of such HMOs on or after the coming into force of the order or designation even if their occupation began before, or in pursuance of a contract made before, it came into force.

(3) Subsection (4) applies where—

a an HMO which is licensed under this Part, or a part of such an HMO, is occupied by more households or persons than the number permitted by the licence; and

b the occupation of all or any of those households or persons began before, or in pursuance of a contract made before, the licence came into force.

(4) In proceedings against a person for an offence under section 72(2) it is a defence that at the material time he was taking all reasonable steps to try to reduce the number of households or persons occupying the house to the number permitted by the licence.

(5) Subsection (4) does not apply if the licence came into force immediately after a previous licence in respect of the same HMO unless the occupation in question began before, or in pursuance of a contract made before, the coming into force of the original licence.

(6) An order under section 270 may make provision as regards the licensing under this Part of HMOs—

a which are registered immediately before the appointed day under a scheme to which section 347 (schemes containing control provisions) or 348B (schemes containing special control provisions) of the Housing Act 1985 (c. 68) applies, or

b in respect of which applications for registration under such a scheme are then pending.

(7) In subsection (6) “the appointed day” means the day appointed for the coming into force of section 61.

In this Part— (a)“HMO” means a house in multiple occupation as defined by sections 254 to 259, and (b)references to an HMO include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, it (or any part of it).

(1) This Part provides for houses to be licensed by local housing authorities where—

a they are houses to which this Part applies (see subsection (2)), and

b they are required to be licensed under this Part (see section 85(1)).

(2) This Part applies to a house if—

a it is in an area that is for the time being designated under section 80 as subject to selective licensing, and

b the whole of it is occupied either—

i under a single tenancy or licence that is not an exempt tenancy or licence under subsection (3) or (4), or

ii under two or more tenancies or licences in respect of different dwellings contained in it, none of which is an exempt tenancy or licence under subsection (3) or (4).

(3) A tenancy or licence is an exempt tenancy or licence if—

a it is granted by a non-profit registered provider of social housing,

b it is granted by a profit-making registered provider of social housing in respect of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), or

c it is granted by a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52).

(4) In addition, the appropriate national authority may by order provide for a tenancy or licence to be an exempt tenancy or licence—

a if it falls within any description of tenancy or licence specified in the order; or

b in any other circumstances so specified.

(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; and

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.

(1) A local housing authority may designate either—

a the area of their district, or

b an area in their district,

as subject to selective licensing, if the requirements of subsections (2) and (9) are met.

(2) The authority must consider that—

a the first or second set of general conditions mentioned in subsection (3) or (6), or

b any conditions specified in an order under subsection (7) as an additional set of conditions,

are satisfied in relation to the area.

(3) The first set of general conditions are—

a that the area is, or is likely to become, an area of low housing demand; and

b that making a designation will, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, contribute to the improvement of the social or economic conditions in the area.

(4) In deciding whether an area is, or is likely to become, an area of low housing demand a local housing authority must take into account (among other matters)—

a the value of residential premises in the area, in comparison to the value of similar premises in other areas which the authority consider to be comparable (whether in terms of types of housing, local amenities, availability of transport or otherwise);

b the turnover of occupiers of residential premises;

c the number of residential premises which are available to buy or rent and the length of time for which they remain unoccupied.

(5) The appropriate national authority may by order amend subsection (4) by adding new matters to those for the time being mentioned in that subsection.

(6) The second set of general conditions are—

a that the area is experiencing a significant and persistent problem caused by anti-social behaviour;

b that some or all of the private sector landlords who have let premises in the area (whether under leases or licences) are failing to take action to combat the problem that it would be appropriate for them to take; and

c that making a designation will, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, lead to a reduction in, or the elimination of, the problem.

“Private sector landlord” does not include a non-profit registered provider of social housing or a registered social landlord within the meaning of Part 1 of the Housing Act 1996 (c. 52).

(7) The appropriate national authority may by order provide for any conditions specified in the order to apply as an additional set of conditions for the purposes of subsection (2).

(8) The conditions that may be specified include, in particular, conditions intended to permit a local housing authority to make a designation for the purpose of dealing with one or more specified problems affecting persons occupying Part 3 houses in the area.

“Specified” means specified in an order under subsection (7).

(9) Before making a designation the local housing 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.

(10) Section 81 applies for the purposes of this section.

(1) This section applies to the power of a local housing authority to make designations under section 80.

(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, 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 80 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 achieving the objective or objectives that the designation would be intended to achieve, and

b they consider that making the designation will significantly assist them to achieve the objective or objectives (whether or not they take any other course of action as well).

(1) A designation of an area as subject to selective 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 a 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 Part 3 houses 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.

(9) Where a designation comes into force, this Part applies in relation to the occupation by persons of houses in the area on or after the coming into force of the designation even if their occupation began before, or in pursuance of a contract made before, it came into force.

(1) This section applies to a designation—

a when it is confirmed under section 82, 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 82 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) No section 21 notice may be given in relation to a shorthold tenancy of the whole or part of an unlicensed house so long as it remains such a house.

(2) In this section—

a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (c. 50) (recovery of possession on termination of shorthold tenancy);

a “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of that Act;

“unlicensed house” has the same meaning as in section 96 of this Act.

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;

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).

Expression	Provision of this Act
Anti-social behaviour	Section 57(5)
Appropriate national authority	Section 261(1)
Category 1 hazard	Section 2(1)
Category 2 hazard	Section 2(1)
District of local housing authority	Section 261(6)
Dwelling	Section 99
House	Section 99
Licence and licence holder	Section 85(5)
Licence (to occupy premises)	Section 262(9)
Local housing authority	Section 261(2) to (5)
Occupier (and related expressions)	Section 262(6)
Part 3 house	Section 85(5), together with section 79(2)
Person having control	Section 263(1) and (2) (and see also section 89(7) )
Person having estate or interest	Section 262(8)
Person managing	Section 263(3)
Person involved in management	Section 263(5)
Residential property tribunal	Section 229
Tenant	Section 262(1) to (5) .

(1) This Chapter deals with the making by a local housing authority of—

a an interim management order (see section 102 ), or

b a final management order (see section 113 ),

in respect of an HMO or a Part 3 house or property let in breach of a banning order under section 16 of the Housing and Planning Act 2016 .

(2) Section 103 deals with the making of an interim management order in respect of 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 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 making of a final 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 contained in the order.

(5) In this Chapter any reference to “the house”, in relation to an interim or final management order (other than an order under section 102(7) or (7A) ), is a reference to the HMO or Part 3 house to which the order relates.

(6) Subsection (5) has effect subject to sections 102(8) and 113(7) (exclusion of part occupied by resident landlord).

(6A) In this Chapter any reference to “the house”, in relation to an interim or final management order that relates to property let in breach of a banning order under section 16 of the Housing and Planning Act 2016, means the property let in breach of that order.

(6B) In this Chapter any reference to property that is let in breach of a banning order under section 16 of the Housing and Planning Act 2016 includes property in respect of which a breach is (or would be) caused by a licence to occupy.

(6C) When determining for the purposes of this Chapter whether property is let in breach of a banning order disregard any exception included in the banning order in reliance on section 17 of the Housing and Planning Act 2016.

(7) In this Chapter “third party”, in relation to a house, means any person who has an estate or interest in the house (other than an immediate landlord and any person who is a tenant under a lease granted under section 107(3)(c) or 116(3)(c) ).

(1) A local housing authority—

a are under a duty to make an interim management order in respect of a 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) , (7) or (7A).

(2) The authority must make an interim management order in respect of a house if—

a it is an HMO or a Part 3 house which is required to be licensed under Part 2 or Part 3 (see section 61(1) or 85(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

ii that the health and safety condition is satisfied (see section 104 ).

(3) The authority must make an interim management order in respect of a house if—

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—

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 104 ).

(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 the appropriate tribunal, the tribunal by order authorises them to make such an order, either in the terms of a draft order submitted by them or in those terms as varied by the tribunal;

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 order under subsection (4) if it considers that the health and safety condition is satisfied (see section 104 ).

(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 approved under section 233 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 103 (special interim management orders) 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, either in the terms of a draft order submitted by them or in those terms as varied by the tribunal;

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).

Subsections (2) to (6) of section 103 apply in relation to the power of the appropriate tribunal to authorise the making of an interim management order under this subsection.

(7A) The authority may make an interim management order in respect of any property let in breach of a banning order under section 16 of the Housing and Planning Act 2016.

(8) The authority may make an interim management order which is expressed not 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.

(9) Nothing in this section requires or authorises the making of an interim management order under subsection (2), (3), (4) or (7) in respect of a house if—

a an interim management order has been previously made in respect of it, and

b the authority have not exercised any relevant function in respect of the house at any time after the making of the interim management order.

(10) In subsection (9) “relevant function” means the function of—

a granting a licence under Part 2 or 3,

b serving a temporary exemption notice under section 62 or section 86

, or

c making a final management order under section 113 .

(1) This section applies to a house if the whole of it is occupied either—

a under a single tenancy or licence that is not an exempt tenancy or licence under section 79(3) or (4) , or

b under two or more tenancies or licences in respect of different dwellings contained in it, none of which is an exempt tenancy or licence under section section 79(3) or (4) .

(2) The appropriate tribunal may only authorise the authority to make an interim management order in respect of such a house under section 102(7) if it considers that both of the following conditions are satisfied.

(3) The first condition is that the circumstances relating to the house fall within any category of circumstances prescribed for the purposes of this subsection by an order under subsection (5).

(4) The second condition is that the making of the order is necessary for the purpose of protecting the health, safety or welfare of persons occupying, visiting or otherwise engaging in lawful activities in the vicinity of the house.

(5) The appropriate national authority may by order—

a prescribe categories of circumstances for the purposes of subsection (3),

b provide for any of the provisions of this Act to apply in relation to houses to which this section applies, or interim or final management orders made in respect of them, with any modifications specified in the order.

(6) The categories prescribed by an order under subsection (5) are to reflect one or more of the following—

a the first or second set of general conditions mentioned in subsection (3) or (6) of section 80 , or

b any additional set of conditions specified under subsection (7) of that section,

but (in each case) with such modifications as the appropriate national authority considers appropriate to adapt them to the circumstances of a single house.

(7) In this section “house” has the same meaning as in Part 3 (see section 99 ).

(8) In this Chapter—

a any reference to “the house”, in relation to an interim management order under section 102(7), is a reference to the house to which the order relates, and

b any such reference includes (where the context permits) a reference to any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, it (or any part of it).

(1) This section explains what “the health and safety condition” is for the purposes of section 102.

(2) The health and safety condition is that the making of an interim management order is necessary for the purpose of protecting 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.

(3) A threat to evict persons occupying a house in order to avoid the house being required to be licensed under Part 2 may constitute a threat to the welfare of those persons for the purposes of subsection (2).

(4) The health and safety condition is not to be regarded as satisfied for the purposes of section 102(2)(b)(ii) or (3)(c)(ii) where both of the conditions in subsections (5) and (6) are satisfied.

(5) The first condition is that the local housing authority either—

a (in a case within section 102(2)(b)(ii)) are required by section 5 (general duty to take enforcement action in respect of category 1 hazards) to take a course of action within subsection (2) of that section in relation to the house, or

b (in a case within section 102(3)(c)(ii)) consider that on the revocation coming into force they will be required to take such a course of action.

(6) The second condition is that the local housing authority consider that the health, safety or welfare of the persons in question would be adequately protected by taking that course of action.

(1) This section deals with the time when an interim management order comes into force or ceases to have effect.

(2) The order comes into force when it is made, unless it is made under section 102(3).

(3) If the order is made under section 102(3), it comes into force when the revocation of the licence comes into force.

(4) The order ceases to have effect at the end of the period of 12 months beginning with the date on which it is made, unless it ceases to have effect at some other time as mentioned below.

(5) If the order provides that it is to cease to have effect on a date falling before the end of that period, it accordingly ceases to have effect on that date.

(6) If the order is made under section 102(3) —

a it must include a provision for determining the date on which it will cease to have effect, and

b it accordingly ceases to have effect on the date so determined.

(7) That date must be no later than 12 months after the date on which the order comes into force.

(7A) An order under section 102(7A) ceases to have effect (if it has not already ceased to have effect) when the ban on letting housing in England ceases to have effect.

(7B) In subsection (7A) “the ban on letting housing in England” means the ban on letting contained in the banning order mentioned in section 102(7A) .

(8) Subsections (9) to (10) apply where—

a a final management order (“the FMO”) has been made under section 113 so as to replace the order (“the IMO”), but

b the FMO has not come into force because of an appeal to the appropriate tribunal under paragraph 24 of Schedule 6 against the making of the FMO.

(9) If—

a the house would (but for the IMO being in force) be required to be licensed under Part 2 or 3 of this Act (see section 61(1) or 85(1)), and

b the date on which—

i the FMO,

ii any licence under Part 2 or 3, or

iii another interim management order,

comes into force in relation to the house (or part of it) following the disposal of the appeal is later than the date on which the IMO would cease to have effect apart from this subsection,

the IMO continues in force until that later date.

(9A) If—

a the IMO was made under section 102(7A), and

b the date on which the FMO or another interim management order comes into force in relation to the house (or part of it) following the disposal of the appeal is later than the date on which the IMO would cease to have effect apart from this subsection,

the IMO continues in force until that later date.

(10) If, on the application of the authority, the tribunal makes an order providing for the IMO to continue in force, pending the disposal of the appeal, until a date later than that on which the IMO would cease to have effect apart from this subsection, the IMO accordingly continues in force until that later date.

(11) This section has effect subject to sections 111 and 112 (variation or revocation of orders by authority) and to the power of revocation exercisable by the appropriate tribunal on an appeal made under paragraph 24 or 28 of Schedule 6.

(1) A local housing authority who have made an interim management order in respect of a house must comply with the following provisions as soon as practicable after the order has come into force.

(2) The authority must first take any immediate steps which they consider to be necessary for the purpose of protecting 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.

(3) The authority must also take such other steps as they consider appropriate with a view to the proper management of the house pending—

a the grant of a licence or the making of a final management order in respect of the house as mentioned in subsection (4) or (5), or

b the revocation of the interim management order as mentioned in subsection (5).

(4) If the house would (but for the order being in force) be required to be licensed under Part 2 or 3 of this Act (see section 61(1) or 85(1) ), the authority must, after considering all the circumstances of the case, decide to take one of the following courses of action—

a to grant a licence under that Part in respect of the house, or

b to make a final management order in respect of it under section 113(1).

(5) If subsection (4) does not apply to the house, the authority must, after considering all the circumstances of the case, decide to take one of the following courses of action—

a to make a final management order in respect of the house under section 113(3), or

b to revoke the order under section 112 without taking any further action.

(6) In the following provisions, namely—

a subsections (3) and (4), and

b section 101(3)(b),

the reference to the grant of a licence under Part 2 or 3 in respect of the house includes a reference to serving a temporary exemption notice under section 62 or section 86 in respect of it (whether or not a notification is given under subsection (1) of that section).

(7) For the avoidance of doubt, the authority’s duty under subsection (3) includes taking such steps as are necessary to ensure that, while the order is in force, reasonable provision is made for insurance of the house against destruction or damage by fire or other causes.

(1) This section applies while an interim management order is in force in relation to a house.

(2) The rights and powers conferred by subsection (3) are exercisable by the authority in performing their duties under section 106(1) to (3) in respect of the house.

(3) The authority—

a have the right to possession of the house (subject to the rights of existing occupiers preserved by section 124(3)) ;

b have the right to do (and authorise a manager or other person to do) in relation to the house anything which a person having an estate or interest in the house would (but for the order) be entitled to do;

c may create one or more of the following—

i an interest in the house which, as far as possible, has all the incidents of a leasehold, or

ii a right in the nature of a licence to occupy part of the house.

(4) But the authority may not under subsection (3)(c) create any interest or right in the nature of a lease or licence unless consent in writing has been given by the person who (but for the order) would have power to create the lease or licence in question.

(5) The authority—

a do not under this section acquire any estate or interest in the house, and

b accordingly are not entitled by virtue of this section to sell, lease, charge or make any other disposition of any such estate or interest;

but, where the immediate landlord of the house or part of it (within the meaning of section 109) is a lessee under a lease of the house or part, the authority is to be treated (subject to paragraph (a)) as if they were the lessee instead.

(6) Any enactment or rule of law relating to landlords and tenants or leases applies in relation to—

a a lease in relation to which the authority are to be treated as the lessee under subsection (5), or

b a lease to which the authority become a party under section 124(4),

as if the authority were the legal owner of the premises (but this is subject to section 124(7) to (9)).

(7) None of the following, namely—

a the authority, or

b any person authorised under subsection (3)(b),

is liable to any person having an estate or interest in the house for anything done or omitted to be done in the performance (or intended performance) of the authority’s duties under section 106(1) to (3) unless the act or omission is due to the negligence of the authority or any such person.

(8) References in any enactment to housing accommodation provided or managed by a local housing authority do not include a house in relation to which an interim management order is in force.

(9) An interim management order which has come into force is a local land charge.

(10) The authority may apply to the Chief Land Registrar for the entry of an appropriate restriction in the register of title in respect of such an order.

(11) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

(1) This section applies in relation to any interest or right created by the authority under section 107(3)(c).

(2) For the purposes of any enactment or rule of law—

a any interest created by the authority under section 107(3)(c)(i) is to be treated as if it were a legal lease, and

b any right created by the authority under section 107(3)(c)(ii) is to be treated as if it were a licence to occupy granted by the legal owner of the premises,

despite the fact that the authority have no legal estate in the premises (see section 107(5)(a)).

(3) Any enactment or rule of law relating to landlords and tenants or leases accordingly applies in relation to any interest created by the authority under section 107(3)(c)(i) as if the authority were the legal owner of the premises.

(4) References to leases and licences—

a in this Chapter, and

b in any other enactment,

accordingly include (where the context permits) interests and rights created by the authority under section 107(3)(c).

(5) The preceding provisions of this section have effect subject to—

a section 124(7) to (9), and

b any provision to the contrary contained in an order made by the appropriate national authority.

(6) In section 107(5)(b) the reference to leasing does not include the creation of interests under section 107(3)(c)(i).

(7) In this section—

“enactment” has the meaning given by section 107(11) ;

“legal lease” means a term of years absolute (within section 1(1)(b) of the Law of Property Act 1925 (c. 20)).

(1) This section applies in relation to—

a immediate landlords, and

b other persons with an estate or interest in the house,

while an interim management order is in force in relation to a house.

(2) A person who is an immediate landlord of the house or a part of it—

a is not entitled to receive—

i any rents or other payments from persons occupying the house or part which are payable to the local housing authority by virtue of section 124(4) , or

ii any rents or other payments from persons occupying the house or part which are payable to the authority by virtue of any leases or licences granted by them under section 107(3)(c);

b may not exercise any rights or powers with respect to the management of the house or part; and

c may not create any of the following—

i any leasehold interest in the house or part (other than a lease of a reversion), or

ii any licence or other right to occupy it.

(3) However (subject to subsection (2)(c)) nothing in section 107 or this section affects the ability of a person having an estate or interest in the house to make any disposition of that estate or interest.

(4) Nothing in section 107 or this section affects—

a the validity of any mortgage relating to the house or any rights or remedies available to the mortgagee under such a mortgage, or

b the validity of any lease of the house or part of it under which the immediate landlord is a lessee, or any superior lease, or (subject to section 107(5)) any rights or remedies available to the lessor under such a lease,

except to the extent that any of those rights or remedies would prevent the local housing authority from exercising their power under section 107(3)(c).

(5) In proceedings for the enforcement of any such rights or remedies the court may make such order as it thinks fit as regards the operation of the interim management order (including an order quashing it).

(6) For the purposes of this Chapter, as it applies in relation to an interim management order, a person is an “immediate landlord” of the house or a part of it if—

a he is an owner or lessee of the house or part, and

b (but for the order) he would be entitled to receive the rents or other payments from persons occupying the house or part which are payable to the local housing authority by virtue of section 124(4).

(1) This section applies to relevant expenditure of a local housing authority who have made an interim management order.

(2) “Relevant expenditure” means expenditure reasonably incurred by the authority in connection with performing their duties under section 106(1) to (3) in respect of the house (including any premiums paid for insurance of the premises).

(3) Rent or other payments which the authority have collected or recovered, by virtue of this Chapter, from persons occupying the house may be used by the authority to meet—

a relevant expenditure, and

b any amounts of compensation payable to a third party by virtue of a decision of the authority under section 128.

(4) If the interim management order is not made under section 102(7A), the authority must pay to such relevant landlord, or to such relevant landlords in such proportions, as they consider appropriate—

a any amount of rent or other payments collected or recovered as mentioned in subsection (3) that remains after deductions to meet relevant expenditure and any amounts of compensation payable as mentioned in that subsection, and

b (where appropriate) interest on that amount at a reasonable rate fixed by the authority,

and such payments are to be made at such intervals as the authority consider appropriate.

(5) The interim management order may provide for—

a the rate of interest which is to apply for the purposes of paragraph (b) of subsection (4); and

b the intervals at which payments are to be made under that subsection.

Paragraph 24(3) of Schedule 6 enables an appeal to be brought where the order does not provide for both of those matters.

(5A) The Secretary of State may by regulations make provision about how local authorities are to deal with any surplus in a case where the interim management order was made under section 102(7A).

(5B) In subsection (5A) “surplus” means any amount of rent or other payments collected or recovered as mentioned in subsection (3) that remains after deductions to meet relevant expenditure and any amounts of compensation payable as mentioned in that subsection.

(6) The authority must—

a keep full accounts of their income and expenditure in respect of the house; and

b afford to each relevant landlord, and to any other person who has an estate or interest in the house, all reasonable facilities for inspecting, taking copies of and verifying those accounts.

(7) A relevant landlord may apply to the appropriate tribunal for an order—

a declaring that an amount shown in the accounts as expenditure of the authority does not constitute expenditure reasonably incurred by the authority as mentioned in subsection (2);

b requiring the authority to make such financial adjustments (in the accounts and otherwise) as are necessary to reflect the tribunal’s declaration.

(8) In this section—

“expenditure” includes administrative costs;

“relevant landlord” means any person who is an immediate landlord of the house or part of it;

“rent or other payments” means rents or other payments payable under leases or licences or in respect of furniture within section 126(1).

(1) The local housing authority may vary an interim management order if they consider it appropriate to do so.

(2) 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 31 of Schedule 6 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

(3) The power to vary an order under this section is exercisable by the authority either—

a on an application made by a relevant person, or

b on the authority’s own initiative.

(4) In this section “relevant person” means—

a any person who has an estate or interest in the house or part of it (but is not a tenant under a lease with an unexpired term of 3 years or less), or

b any other person who (but for the order) would be a person managing or having control of the house or part of it.

(1) The local housing authority may revoke an interim management order in the following cases—

a if the order was made under section 102(2) or (3) and the house has ceased to be an HMO to which Part 2 applies or a Part 3 house (as the case may be);

b if the order was made under section 102(2) or (3) and a licence granted by them in respect of the house is due to come into force under Part 2 or Part 3 on the revocation of the order;

c if a final management order has been made by them in respect of the house so as to replace the order;

d if in any other circumstances the authority consider it appropriate to revoke the order.

(2) 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 31 of Schedule 6 (time when period for appealing expires without an appeal being made or when decision to revoke is confirmed on appeal).

(2A) An interim management order may not be revoked under this section if—

a the immediate landlord is subject to a banning order under section 16 of the Housing and Planning Act 2016,

b there is in force an agreement which, under section 108 , has effect as a lease or licence granted by the authority, and

c revoking the interim management order would cause the immediate landlord to breach the banning order because of the effect of section 130(2)(b).

(3) The power to revoke an order under this section is exercisable by the authority either—

a on an application made by a relevant person, or

b on the authority’s own initiative.

(4) In this section “relevant person” means—

a any person who has an estate or interest in the house or part of it (but is not a tenant under a lease with an unexpired term of 3 years or less), or

b any other person who (but for the order) would be a person managing or having control of the house or part of it.

(1) A local housing authority who have made an interim management order in respect of a house under any provision of section 102 other than subsection (7A) of that section (“the IMO”)—

a have a duty to make a final management order in respect of the house in a case within subsection (2), and

b have power to make such an order in a case within subsection (3).

(2) The authority must make a final management order so as to replace the IMO as from its expiry date if—

a on that date the house would be required to be licensed under Part 2 or 3 of this Act (see section 61(1) or 85(1) ), and

b the authority consider that they are unable to grant a licence under Part 2 or 3 in respect of the house that would replace the IMO as from that date.

(3) The authority may make a final management order so as to replace the IMO as from its expiry date if—

a on that date the house will not be one that would be required to be licensed as mentioned in subsection (2)(a), and

b the authority consider that making the final management order is necessary for the purpose of protecting, on a long-term basis, 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.

(3A) A local housing authority who have made an interim management order under section 102(7A) may make a final management order so as to replace the interim management order as from its expiry date if the authority consider that making the final management order is necessary for the purpose of protecting, on a long-term basis, 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.

(4) A local housing authority who have made a final management order in respect of a house under subsection (2), (3), (5) or (6) of this section (“the existing order”)—

a have a duty to make a final management order in respect of the house in a case within subsection (5), and

b have power to make such an order in a case within subsection (6).

(5) The authority must make a new final management order so as to replace the existing order as from its expiry date if—

a on that date the condition in subsection (2)(a) will be satisfied in relation to the house, and

b the authority consider that they are unable to grant a licence under Part 2 or 3 in respect of the house that would replace the existing order as from that date.

(6) The authority may make a new final management order so as to replace the existing order as from its expiry date if—

a on that date the condition in subsection (3)(a) will be satisfied in relation to the house, and

b the authority consider that making the new order is necessary for the purpose of protecting, on a long-term basis, the health, safety or welfare of persons within subsection (3)(b).

(6A) A local housing authority who have made a final management order in respect of a house under subsection (3A) or this subsection (“the existing order”) may make a new final management order so as to replace the existing order as from its expiry date if the authority consider that making the new order is necessary for the purpose of protecting, on a long-term basis, 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.

(7) The authority may make a final management order which is expressed not 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.

(8) In this section “expiry date”, in relation to an interim or final management order, means—

a where the order is revoked, the date as from which it is revoked, and

b otherwise the date on which the order ceases to have effect under section 105 or 114;

and nothing in this section applies in relation to an interim or final management order which has been revoked on an appeal under Part 3 of Schedule 6.

(1) This section deals with the time when a final management order comes into force or ceases to have effect.

(2) The order does not come into force until such time (if any) as is the operative time for the purposes of this subsection under paragraph 27 of Schedule 6 (time when period for appealing expires without an appeal being made or when order is confirmed on appeal).

(3) The order ceases to have effect at the end of the period of 5 years beginning with the date on which it comes into force, unless it ceases to have effect at some other time as mentioned below.

(4) If the order provides that it is to cease to have effect on a date falling before the end of that period, it accordingly ceases to have effect on that date.

(4A) An order under section 113(3A) or (6A) ceases to have effect (if it has not already ceased to have effect) when the relevant ban on letting housing in England ceases to have effect.

(4B) In subsection (4A) “the relevant ban on letting housing in England” means the ban on letting contained in the banning order mentioned in section 102(7A).

(5) Subsections (6) to (7) apply where—

a a new final management order (“the new order”) has been made so as to replace the order (“the existing order”), but

b the new order has not come into force because of an appeal to the appropriate tribunal under paragraph 24 of Schedule 6 against the making of that order.

(6) If—

a the house would (but for the existing order being in force) be required to be licensed under Part 2 or 3 of this Act (see section 61(1) or 85(1) ), and

b the date on which—

i the new order, or

ii any licence under Part 2 or 3, or

iii a temporary exemption notice under section 62 or 86,

comes into force in relation to the house (or part of it) following the disposal of the appeal is later than the date on which the existing order would cease to have effect apart from this subsection,

the existing order continues in force until that later date.

(6A) If—

a the existing order was made under section 113(3A) or (6A), and

b the date on which the new order comes into force in relation to the house (or part of it) following the disposal of the appeal is later than the date on which the existing order would cease to have effect apart from this subsection,

the existing order continues in force until that later date.

(7) If, on the application of the authority, the tribunal makes an order providing for the existing order to continue in force, pending the disposal of the appeal, until a date later than that on which it would cease to have effect apart from this subsection, the existing order accordingly continues in force until that later date.

(8) This section has effect subject to sections 121 and 122 (variation or revocation of orders) and to the power of revocation exercisable by the appropriate tribunal on an appeal made under paragraph 24 or 28 of Schedule 6.

(1) A local housing authority who have made a final management order in respect of a house must comply with the following provisions once the order has come into force.

(2) The local housing authority must take such steps as they consider appropriate with a view to the proper management of the house in accordance with the management scheme contained in the order (see section 119).

(3) The local housing authority must from time to time review—

a the operation of the order and in particular the management scheme contained in it, and

b whether keeping the order in force in relation to the house (with or without making any variations under section 121 ) is the best alternative available to them.

(4) If on a review the authority consider that any variations should be made under section 121, they must proceed to make those variations.

(5) If on a review the authority consider that either—

a granting a licence under Part 2 or 3 in respect of the house, or

b revoking the order under section 122 and taking no further action,

is the best alternative available to them, the authority must grant such a licence or revoke the order (as the case may be).

(6) For the avoidance of doubt, the authority’s duty under subsection (2) includes taking such steps as are necessary to ensure that, while the order is in force, reasonable provision is made for insurance of the house against destruction or damage by fire or other causes.

(1) This section applies while a final management order is in force in relation to a house.

(2) The rights and powers conferred by subsection (3) are exercisable by the authority in performing their duty under section 115(2) in respect of the house.

(3) The authority—

a have the right to possession of the house (subject to the rights of existing and other occupiers preserved by section 124(3) and (6));

b have the right to do (and authorise a manager or other person to do) in relation to the house anything which a person having an estate or interest in the house would (but for the order) be entitled to do;

c may create one or more of the following—

i an interest in the house which, as far as possible, has all the incidents of a leasehold, or

ii a right in the nature of a licence to occupy part of the house.

(4) The powers of the authority under subsection (3)(c) are restricted as follows—

a they may not create any interest or right in the nature of a lease or licence—

i which is for a fixed term expiring after the date on which the order is due to expire, or

ii (subject to paragraph (b)) which is terminable by notice to quit, or an equivalent notice, of more than 4 weeks,

b they may create an interest in the nature of an assured shorthold tenancy without any such consent so long as it is created before the beginning of the period of 6 months that ends with the date on which the order is due to expire.

(5) The authority—

a do not under this section acquire any estate or interest in the house, and

b accordingly are not entitled by virtue of this section to sell, lease, charge or make any other disposition of any such estate or interest;

but, where the immediate landlord of the house or part of it (within the meaning of section 118) is a lessee under a lease of the house or part, the authority is to be treated (subject to paragraph (a)) as if they were the lessee instead.

(6) Any enactment or rule of law relating to landlords and tenants or leases applies in relation to—

a a lease in relation to which the authority are to be treated as the lessee under subsection (5), or

b a lease to which the authority become a party under section 124(4),

as if the authority were the legal owner of the premises (but this is subject to section 124(7) to (9)).

(7) None of the following, namely—

a the authority, or

b any person authorised under subsection (3)(b),

is liable to any person having an estate or interest in the house for anything done or omitted to be done in the performance (or intended performance) of the authority’s duty under section 115(2) unless the act or omission is due to the negligence of the authority or any such person.

(8) References in any enactment to housing accommodation provided or managed by a local housing authority do not include a house in relation to which a final management order is in force.

(9) A final management order which has come into force is a local land charge.

(10) The authority may apply to the Chief Land Registrar for the entry of an appropriate restriction in the register in respect of such an order.

(11) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

(1) This section applies in relation to any interest or right created by the authority under section 116(3)(c).

(2) For the purposes of any enactment or rule of law—

a any interest created by the authority under section 116(3)(c)(i) is to be treated as if it were a legal lease, and

b any right created by the authority under section 116(3)(c)(ii) is to be treated as if it were a licence to occupy granted by the legal owner of the premises,

despite the fact that the authority have no legal estate in the premises (see section 116(5)(a)).

(3) Any enactment or rule of law relating to landlords and tenants or leases accordingly applies in relation to any interest created by the authority under section 116(3)(c)(i) as if the authority were the legal owner of the premises.

(4) References to leases and licences—

a in this Chapter, and

b in any other enactment,

accordingly include (where the context permits) interests and rights created by the authority under section 116(3)(c).

(5) The preceding provisions of this section have effect subject to—

a section 124(7) to (9) , and

b any provision to the contrary contained in an order made by the appropriate national authority.

(6) In section 116(5)(b) the reference to leasing does not include the creation of interests under section 116(3)(c)(i).

(7) In this section—

“enactment” has the meaning given by section 116(11);

“legal lease” means a term of years absolute (within section 1(1)(b) of the Law of Property Act 1925 (c. 20)).

“enactment” has the meaning given by section 116(11);

“legal lease” means a term of years absolute (within section 1(1)(b) of the Law of Property Act 1925 (c. 20)).

(1) This section applies in relation to—

a immediate landlords, and

b other persons with an estate or interest in the house,

while a final management order is in force in relation to a house.

(2) A person who is an immediate landlord of the house or a part of it—

a is not entitled to receive—

i any rents or other payments from persons occupying the house or part which are payable to the local housing authority by virtue of section 124(4), or

ii any rents or other payments from persons occupying the house or part which are payable to the authority by virtue of any leases or licences granted by them under section 107(3)(c) or 116(3)(c) ;

b may not exercise any rights or powers with respect to the management of the house or part; and

c may not create any of the following—

i any leasehold interest in the house or part (other than a lease of a reversion), or

ii any licence or other right to occupy it.

(3) However (subject to subsection (2)(c)) nothing in section 116 or this section affects the ability of a person having an estate or interest in the house to make any disposition of that estate or interest.

(4) Nothing in section 116 or this section affects—

a the validity of any mortgage relating to the house or any rights or remedies available to the mortgagee under such a mortgage, or

b the validity of any lease of the house or part of it under which the immediate landlord is a lessee, or any superior lease, or (subject to section 116(5)) any rights or remedies available to the lessor under such a lease,

except to the extent that any of those rights or remedies would prevent the local housing authority from exercising their power under section 116(3)(c).

(5) In proceedings for the enforcement of any such rights or remedies the court may make such order as it thinks fit as regards the operation of the final management order (including an order quashing it).

(6) For the purposes of this Chapter, as it applies in relation to a final management order, a person is an “immediate landlord” of the house or a part of it if—

a he is an owner or lessee of the house or part, and

b (but for the order) he would be entitled to receive the rents or other payments from persons occupying the house or part which are payable to the authority by virtue of section 124(4).

(1) A final management order must contain a management scheme.

(2) A “management scheme” is a scheme setting out how the local housing authority are to carry out their duty under section 115(2) as respects the management of the house.

(3) A management scheme is to be divided into two parts.

(4) Part 1 of the scheme is to contain a plan giving details of the way in which the authority propose to manage the house, which must (in particular) include—

a details of any works that the authority intend to carry out in connection with the house;

b an estimate of the capital and other expenditure to be incurred by the authority in respect of the house while the order is in force;

c the amount of rent or other payments that the authority will seek to obtain having regard to the condition or expected condition of the house at any time while the order is in force;

d the amount of any compensation that is payable to a third party by virtue of a decision of the authority under section 128 in respect of any interference in consequence of the final management order with the rights of that person;

e provision as to the payment of any such compensation;

f provision as to the payment by the authority to a relevant landlord, from time to time, of amounts of rent or other payments that remain after the deduction of—

i relevant expenditure, and

ii any amounts of compensation payable as mentioned in paragraph (d);

g provision as to the manner in which the authority are to pay to a relevant landlord, on the termination of the final management order, any amounts of rent or other payments that remain after the deduction of—

i relevant expenditure, and

ii any amounts of compensation payable as mentioned in paragraph (d);

h provision as to the manner in which the authority are to pay, on the termination of the final management order, any outstanding balance of compensation payable to a third party.

(4A) Subsection (4)(f) and (g) does not apply in a case where the final management order was made under section 113(3A) or (6A).

(4B) The Secretary of State may by regulations make provision about how local authorities are to deal with any surplus in a case where the final management order was made under section 113(3A) or (6A).

(4C) In subsection (4B) “surplus” means any amount of rent or other payments that the authority have collected or recovered, by virtue of this Chapter, that remains after deductions to meet relevant expenditure and any amounts of compensation payable as mentioned in subsection (2)(d).

(5) Part 1 of the scheme may also state—

a the authority’s intentions as regards the use of rent or other payments to meet relevant expenditure;

b the authority’s intentions as regards the payment to a relevant landlord (where appropriate) of interest on amounts within subsection (4)(f) and (g);

c that section 129(2) or (4) is not to apply in relation to an interim or (as the case may be) final management order that immediately preceded the final management order, and that instead the authority intend to use any balance or amount such as is mentioned in that subsection to meet—

i relevant expenditure incurred during the currency of the final management order, and

ii any compensation that may become payable to a third party;

d that section 129(3) or (5) is not to apply in relation to an interim or (as the case may be) final management order that immediately preceded the final management order (“the order”), and that instead the authority intend to use rent or other payments collected during the currency of the order to reimburse the authority in respect of any deficit or amount such as is mentioned in that subsection;

e the authority’s intentions as regards the recovery from a relevant landlord, with or without interest, of any amount of relevant expenditure that cannot be reimbursed out of the total amount of rent or other payments.

(6) Part 2 of the scheme is to describe in general terms how the authority intend to address the matters which caused them to make the final management order and may, for example, include—

a descriptions of any steps that the authority intend to take to require persons occupying the house to comply with their obligations under any lease or licence or under the general law;

b descriptions of any repairs that are needed to the property and an explanation as to why those repairs are necessary.

(7) The authority must—

a keep full accounts of their income and expenditure in respect of the house; and

b afford to each relevant landlord, and to any other person who has an estate or interest in the house, all reasonable facilities for inspecting, taking copies of and verifying those accounts.

(8) In this section—

“relevant expenditure” means expenditure reasonably incurred by the authority in connection with performing their duties under section 115(2) in respect of the house (including any reasonable administrative costs and any premiums paid for insurance of the premises);

“relevant landlord” means any person who is an immediate landlord of the house or part of it;

“rent or other payments” means rent or other payments—

a which are payable under leases or licences or in respect of furniture within section 126(1), and

b which the authority have collected or recovered by virtue of this Chapter.

which are payable under leases or licences or in respect of furniture within section 126(1), and

which the authority have collected or recovered by virtue of this Chapter.

(9) In the provisions of this Chapter relating to varying, revoking or appealing against decisions relating to a final management order, any reference to such an order includes (where the context permits) a reference to the management scheme contained in it.

(1) An affected person may apply to the appropriate tribunal for an order requiring the local housing authority to manage the whole or part of a house in accordance with the management scheme contained in a final management order made in respect of the house.

(2) On such an application the tribunal may, if it considers it appropriate to do so, make an order—

a requiring the local housing authority to manage the whole or part of the house in accordance with the management scheme, or

b revoking the final management order as from a date specified in the tribunal’s order.

(3) An order under subsection (2) may—

a specify the steps which the authority are to take to manage the whole or part of the house in accordance with the management scheme,

b include provision varying the final management order,

c require the payment of money to an affected person by way of damages.

(4) In this section “affected person” means—

a a relevant landlord (within the meaning of section 119), and

b any third party to whom compensation is payable by virtue of a decision of the authority under section 128 .

(1) The local housing authority may vary a final management order if they consider it appropriate to do so.

(2) 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 31 of Schedule 6 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

(3) The power to vary an order under this section is exercisable by the authority either—

a on an application made by a relevant person, or

b on the authority’s own initiative.

(4) In this section “relevant person” means—

a any person who has an estate or interest in the house or part of it (but is not a tenant under a lease with an unexpired term of 3 years or less), or

b any other person who (but for the order) would be a person managing or having control of the house or part of it.

(1) The local housing authority may revoke a final management order in the following cases—

a if the order was made under section 113(2) or (5) and the house has ceased to be an HMO to which Part 2 applies or a Part 3 house (as the case may be);

b if the order was made under section 113(2) or (5) and a licence granted by them in respect of the house is due to come into force under Part 2 or Part 3 as from the revocation of the order;

c if a further final management order has been made by them in respect of the house so as to replace the order;

d if in any other circumstances the authority consider it appropriate to revoke the order.

(2) 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 31 of Schedule 6 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

(2A) A final management order may not be revoked under this section at a time when—

a the immediate landlord is subject to a banning order under section 16 of the Housing and Planning Act 2016,

b there is in force an agreement which, under section 117 , has effect as a lease or licence granted by the authority, and

c revoking the final management order would cause the immediate landlord to breach the banning order because of the effect of section 130(2)(b) .

(3) The power to revoke an order under this section is exercisable by the authority either—

a on an application made by a relevant person, or

b on the authority’s own initiative.

(4) In this section “relevant person” means—

a any person who has an estate or interest in the house or part of it (but is not a tenant under a lease with an unexpired term of 3 years or less), or

b any other person who (but for the order) would be a person managing or having control of the house or part of it.

Schedule 6 (which deals with procedural requirements relating to the making, variation or revocation of interim and final management orders and with appeals against decisions relating to such orders) has effect.

(1) This section applies to existing and new occupiers of a house in relation to which an interim or final management order is in force.

(2) In this section—

“existing occupier” means a person who, at the time when the order comes into force, either—

a (in the case of an HMO or a Part 3 house) is occupying part of the house and does not have an estate or interest in the whole of the house, or

b (in the case of a Part 3 house) is occupying the whole of the house,

(in the case of an HMO or a Part 3 house) is occupying part of the house and does not have an estate or interest in the whole of the house, or

(in the case of a Part 3 house) is occupying the whole of the house,

“new occupier” means a person who, at a time when the order is in force, is occupying the whole or part of the house under a lease or licence granted under section 107(3)(c) or 116(3)(c).

(3) Sections 107 and 116 do not affect the rights or liabilities of an existing occupier under a lease or licence (whether in writing or not) under which he is occupying the whole or part of the house at the commencement date.

(4) Where the lessor or licensor under such a lease or licence—

a has an estate or interest in the house, and

b is not an existing occupier,

the lease or licence has effect while the order is in force as if the local housing authority were substituted in it for the lessor or licensor.

(5) Such a lease continues to have effect, as far as possible, as a lease despite the fact that the rights of the local housing authority, as substituted for the lessor, do not amount to an estate in law in the premises.

(6) Section 116 does not affect the rights or liabilities of a new occupier who, in the case of a final management order, is occupying the whole or part of the house at the time when the order comes into force.

(7) The provisions which exclude local authority lettings from the Rent Acts, namely—

a sections 14 to 16 of the Rent Act 1977 (c. 42), and

b those sections as applied by Schedule 2 to the Rent (Agriculture) Act 1976 (c. 80) and section 5(2) to (4) of that Act,

do not apply to a lease or agreement under which an existing or new occupier is occupying the whole or part of the house.

(8) Section 1(2) of, and paragraph 12 of Part 1 of Schedule 1 to, the Housing Act 1988 (c. 50) (which exclude local authority lettings from Part 1 of that Act) do not apply to a lease or agreement under which an existing or new occupier is occupying the whole or part of the house.

(9) Nothing in this Chapter has the result that the authority are to be treated as the legal owner of any premises for the purposes of—

a section 80 of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies); or

b section 124 of the Housing Act 1996 (c. 52) (introductory tenancies).

(10) If, immediately before the coming into force of an interim or final management order, an existing occupier was occupying the whole or part of the house under—

a a protected or statutory tenancy within the meaning of the Rent Act 1977 (c. 42),

b a protected or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 (c. 80), or

c an assured tenancy or assured agricultural occupancy within the meaning of Part 1 of the Housing Act 1988 (c. 50),

nothing in this Chapter prevents the continuance of that tenancy or occupancy or affects the continued operation of any of those Acts in relation to the tenancy or occupancy after the coming into force of the order.

(11) In this section “the commencement date” means the date on which the order came into force (or, if that order was preceded by one or more orders under this Chapter, the date when the first order came into force).

(1) An agreement or instrument within subsection (2) has effect, while an interim or final management order is in force, as if any rights or liabilities of the immediate landlord under the agreement or instrument were instead rights or liabilities of the local housing authority.

(2) An agreement or instrument is within this subsection if—

a it is effective on the commencement date,

b one of the parties to it is a person who is the immediate landlord of the house or a part of the house (“the relevant premises”),

c it relates to the house, whether in connection with—

i any management activities with respect to the relevant premises, or

ii the provision of any services or facilities for persons occupying those premises,

d it is specified for the purposes of this subsection in the order or falls within a description of agreements or instruments so specified, and

e the authority serve a notice in writing on all the parties to it stating that subsection (1) is to apply to it.

(3) An agreement or instrument is not within subsection (2) if—

a it is a lease within section 107(5) or 116(5) , or

b it relates to any disposition by the immediate landlord which is not precluded by section 109(2) or 118(2) , or

c it is within section 124(4).

(4) Proceedings in respect of any cause of action within subsection (5) may, while an interim or final management order is in force, be instituted or continued by or against the local housing authority instead of by or against the immediate landlord.

(5) A cause of action is within this subsection if—

a it is a cause of action (of any nature) which accrued to or against the immediate landlord of the house or a part of the house before the commencement date,

b it relates to the house as mentioned in subsection (2)(c),

c it is specified for the purposes of this subsection in the order or falls within a description of causes of action so specified, and

d the authority serve a notice in writing on all interested parties stating that subsection (4) is to apply to it.

(6) If, by virtue of this section, the authority become subject to any liability to pay damages in respect of anything done (or omitted to be done) before the commencement date by or on behalf of the immediate landlord of the house or a part of it, the immediate landlord is liable to reimburse to the authority an amount equal to the amount of the damages paid by them.

(7) In this section—

“agreement” includes arrangement;

“the commencement date” means the date on which the order comes into force (or, if that order was preceded by one or more orders under this Chapter, the date when the first order came into force);

“management activities” includes repair, maintenance, improvement and insurance.

(1) Subsection (2) applies where, on the date on which an interim or final management order comes into force, there is furniture in the house which a person occupying the house has the right to use in consideration of periodical payments to a person who is an immediate landlord of the house or a part of it (whether the payments are included in the rent payable by the occupier or not).

(2) The right to possession of the furniture against all persons other than the occupier vests in the local housing authority on that date and remains vested in the authority while the order is in force.

(3) The local housing authority may renounce the right to possession of the furniture conferred by subsection (2) if—

a an application in writing has been made to them for the purpose by the person owning the furniture, and

b they renounce the right by notice in writing served on that person not less than two weeks before the notice takes effect.

(4) If the authority’s right to possession of furniture conferred by subsection (2) is a right exercisable against more than one person interested in the furniture, any of those persons may apply to the appropriate tribunal for an adjustment of their respective rights and liabilities as regards the furniture.

(5) On such an application the tribunal may make an order for such an adjustment of rights and liabilities, either unconditionally or subject to such terms and conditions, as it considers appropriate.

(6) The terms and conditions may, in particular, include terms and conditions about the payment of money by a party to the proceedings to another party to the proceedings by way of compensation, damages or otherwise.

(7) In this section “furniture” includes fittings and other articles.

(1) The local housing authority may supply the house to which an interim or final management order relates with such furniture as they consider to be required.

(2) For the purposes of section 110 or a management scheme under section 119 , any expenditure incurred by the authority under this section constitutes expenditure incurred by the authority in connection with performing their duty under section 106(3) or 115(2).

(3) In this section “furniture” includes fittings and other articles.

(1) If a third party requests them to do so at any time, the local housing authority must consider whether an amount by way of compensation should be paid to him in respect of any interference with his rights in consequence of an interim or final management order.

(2) The authority must notify the third party of their decision as soon as practicable.

(3) Where the local housing authority decide under subsection (1) that compensation ought to be paid to a third party in consequence of a final management order, they must vary the management scheme contained in the order so as to specify the amount of the compensation to be paid and to make provision as to its payment.

(1) This section applies where an interim or final management order ceases to have effect for any reason.

(2) If, on the termination date for an interim management order that is not made under section 102(7A), the total amount of rent or other payments collected or recovered as mentioned in section 110(3) exceeds the total amount of—

a the local housing authority’s relevant expenditure, and

b any amounts of compensation payable to third parties by virtue of decisions of the authority under section 128,

the authority must, as soon as practicable after the termination date, pay the balance to such relevant landlord, or to such relevant landlords in such proportions, as they consider appropriate.

(3) If, on the termination date for an interim management order, the total amount of rent or other payments collected or recovered as mentioned in section 110(3) is less than the total amount of—

a the authority’s relevant expenditure, and

b any amounts of compensation payable as mentioned in subsection (2)(b),

the difference is recoverable by the authority from such relevant landlord, or such relevant landlords in such proportions, as they consider appropriate.

(4) If, on the termination date for a final management order, any amount is payable to—

a a third party, or

b any relevant landlord in accordance with the management scheme under section 119,

that amount must be paid to that person by the local housing authority in the manner provided by the scheme.

(5) If, on the termination date for a final management order, any amount is payable to the local housing authority in accordance with the management scheme, that amount is recoverable by the local housing authority—

a from such relevant landlord, or

b from such relevant landlords in such proportions,

as is provided by the scheme.

(6) The provisions of any of subsections (2) to (5) do not, however, apply in relation to the order if —

a the order is followed by a final management order, and

b the management scheme contained in that final management order provides for that subsection not to apply in relation to the order (see section 119(5)(c) and (d)).

(7) Any sum recoverable by the authority under subsection (3) or (5) is, until recovered, a charge on the house.

(8) The charge takes effect on the termination date for the order as a legal charge which is a local land charge.

(9) For the purpose of enforcing the charge the authority have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

(10) The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

(11) If the order is to be followed by a licence granted under Part 2 or 3 in respect of the house, the conditions contained in the licence may include a condition requiring the licence holder—

a to repay to the authority any amount recoverable by them under subsection (3) or (5), and

b to do so in such instalments as are specified in the licence.

(12) In this section—

“relevant expenditure” has the same meaning as in section 110;

“relevant landlord” means a person who was the immediate landlord of the house or part of it immediately before the termination date or his successor in title for the time being;

“rent or other payments” means rents or other payments payable under leases or licences or in respect of furniture within section 126(1);

“the termination date” means the date on which the order ceases to have effect.

(1) This section applies where—

a an interim or final management order ceases to have effect for any reason, and

b the order is not immediately followed by a further order under this Chapter.

(2) As from the termination date—

a a lease or licence in which the local housing authority was substituted for another party by virtue of section 124(4) has effect with the substitution of the original party, or his successor in title, for the authority; and

b an agreement which (in accordance with section 108 or 117) has effect as a lease or licence granted by the authority under section 107 or 116 has effect with the substitution of the relevant landlord for the authority.

(3) If the relevant landlord is a lessee, nothing in a superior lease imposes liability on him or any superior lessee in respect of anything done before the termination date in pursuance of the terms of an agreement to which subsection (2)(b) applies.

(4) If the condition in subsection (5) is met, any other agreement entered into by the authority in the performance of their duties under section 106(1) to (3) or 115(2) in respect of the house has effect, as from the termination date, with the substitution of the relevant landlord for the authority.

(5) The condition is that the authority serve a notice on the other party or parties to the agreement stating that subsection (4) applies to the agreement.

(6) If the condition in subsection (7) is met—

a any rights or liabilities that were rights or liabilities of the authority immediately before the termination date by virtue of any provision of this Chapter or under any agreement to which subsection (4) applies are rights or liabilities of the relevant landlord instead, and

b any proceedings instituted or continued by or against the authority by virtue of any such provision or agreement may be continued by or against the relevant landlord instead,

as from the termination date.

(7) The condition is that the authority serve a notice on all interested parties stating that subsection (6) applies to the rights or liabilities or (as the case may be) the proceedings.

(8) If by virtue of this section a relevant landlord becomes subject to any liability to pay damages in respect of anything done (or omitted to be done) before the termination date by or on behalf of the authority, the authority are liable to reimburse to the relevant landlord an amount equal to the amount of the damages paid by him.

(9) Where two or more persons are relevant landlords in relation to different parts of the house, any reference in this section to “the relevant landlord” is to be taken to refer to such one or more of them as is determined by agreement between them or (in default of agreement) by the appropriate tribunal on an application made by any of them.

(10) This section applies to instruments as it applies to agreements.

(11) In this section—

“agreement” includes arrangement;

“relevant landlord” means a person who was the immediate landlord of the house immediately before the termination date or his successor in title for the time being;

“the termination date” means the date on which the order ceases to have effect.

(1) The right mentioned in subsection (2) is exercisable by the local housing authority, or any person authorised in writing by them, at any time when an interim or final management order is in force.

(2) That right is the right at all reasonable times to enter any part of the house for the purpose of carrying out works, and is exercisable as against any person having an estate or interest in the house.

(3) Where part of a house is excluded from the provisions of an interim or final management order under section 102(8) or 113(7), the right conferred by subsection (1) is exercisable as respects that part so far as is reasonably required for the purpose of carrying out works in the part of the house which is subject to the order.

(4) If, after receiving reasonable notice of the intended action, any occupier of the whole or part of the house prevents any officer, employee, agent or contractor of the local housing authority from carrying out work in the house, a magistrates' court may order him to permit to be done on the premises anything which the authority consider to be necessary.

(5) A person who fails to comply with an order of the court under subsection (4) commits an offence.

(6) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(1) This Chapter deals with the making by a local housing authority of—

a an interim empty dwelling management order (an “interim EDMO”), or

b a final empty dwelling management order (a “final EDMO”),

in respect of a dwelling.

(2) An interim EDMO is an order made to enable a local housing authority, with the consent of the relevant proprietor, to take steps for the purpose of securing that a dwelling becomes and continues to be occupied.

(3) A final EDMO is an order made, in succession to an interim EDMO or a previous final EDMO, for the purpose of securing that a dwelling is occupied.

(4) In this Chapter—

a “dwelling” means—

i a building intended to be occupied as a separate dwelling, or

ii a part of a building intended to be occupied as a separate dwelling which may be entered otherwise than through any non-residential accommodation in the building;

b any reference to “the dwelling”, in relation to an interim EDMO or a final EDMO, is a reference to the dwelling to which the order relates;

c “relevant proprietor”, in relation to a dwelling, means—

i if the dwelling is let under one or more leases with an unexpired term of 7 years or more, the lessee under whichever of those leases has the shortest unexpired term; or

ii in any other case, the person who has the freehold estate in the dwelling;

d “third party”, in relation to a dwelling, means any person who has an estate or interest in the dwelling (other than the relevant proprietor and any person who is a tenant under a lease granted under paragraph 2(3)(c) or 10(3)(c) of Schedule 7); and

e any reference (however expressed) to rent or other payments in respect of occupation of a dwelling, includes any payments that the authority receive from persons in respect of unlawful occupation of the dwelling.

(5) In subsection (4)(c), the reference to an unexpired term of 7 years or more of a lease of a dwelling is—

a in relation to a dwelling in respect of which the local housing authority are considering making an interim EDMO, a reference to the unexpired term of the lease at the time the authority begin taking steps under section 133(3),

b in relation to a dwelling in respect of which an interim EDMO has been made, a reference to the unexpired term of the lease at the time the application for authorisation to make the interim EDMO was made under subsection (1) of that section, or

c in relation to a dwelling in respect of which a local housing authority are considering making or have made a final EDMO, a reference to the unexpired term of the lease at the time the application for authorisation to make the preceding interim EDMO was made under subsection (1) of that section.

“Preceding interim EDMO”, in relation to a final EDMO, means the interim EDMO that immediately preceded the final EDMO or, where there has been a succession of final EDMOs, the interim EDMO that immediately preceded the first of them.

(6) Schedule 7 (which makes further provision regarding EDMOs) has effect.

(1) A local housing authority may make an interim EDMO in respect of a dwelling if—

a it is a dwelling to which this section applies, and

b on an application by the authority to the appropriate tribunal, the tribunal by order authorises them under section 134 to make such an order, either in the terms of a draft order submitted by them or in those terms as varied by the tribunal.

(2) This section applies to a dwelling if—

a the dwelling is wholly unoccupied, and

b the relevant proprietor is not a public sector body.

“Wholly unoccupied” means that no part is occupied, whether lawfully or unlawfully.

(3) Before determining whether to make an application to the appropriate tribunal for an authorisation under section 134 , the authority must make reasonable efforts—

a to notify the relevant proprietor that they are considering making an interim EDMO in respect of the dwelling under this section, and

b to ascertain what steps (if any) he is taking, or is intending to take, to secure that the dwelling is occupied.

(4) In determining whether to make an application to the appropriate tribunal for an authorisation under section 134 , the authority must take into account the rights of the relevant proprietor of the dwelling and the interests of the wider community.

(5) The authority may make an interim EDMO in respect of the dwelling 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).

(6) An application to the appropriate tribunal under this section for authorisation to make an interim EDMO in respect of a dwelling may include an application for an order under paragraph 22 of Schedule 7 determining a lease or licence of the dwelling.

(7) In this section “public sector body” means a body mentioned in any of paragraphs (a) to (f) of paragraph 2(1) of Schedule 14.

(8) Part 1 of Schedule 6 applies in relation to the making of an interim EDMO in respect of a dwelling as it applies in relation to the making of an interim management order in respect of a house, subject to the following modifications—

a paragraph 7(2) does not apply;

b paragraph 7(4)(c) is to be read as referring instead to the date on which the order is to cease to have effect in accordance with paragraph 1(3) and (4) or 9(3) to (5) of Schedule 7;

c in paragraph 7(6)—

i paragraph (a) is to be read as referring instead to Part 4 of Schedule 7; and

ii paragraph (b) does not apply;

d paragraph 8(4) is to be read as defining “relevant person” as any person who, to the knowledge of the local housing authority, is a person having an estate or interest in the dwelling (other than a person who is a tenant under a lease granted under paragraph 2(3)(c) of Schedule 7).

(1) The appropriate tribunal may authorise a local housing authority to make an interim EDMO in respect of a dwelling to which section 133 applies if the tribunal—

a is satisfied as to the matters mentioned in subsection (2), and

b is not satisfied that the case falls within one of the prescribed exceptions.

(2) The matters as to which the tribunal must be satisfied are—

a that the dwelling has been wholly unoccupied for at least 6 months or such longer period as may be prescribed,

b that there is no reasonable prospect that the dwelling will become occupied in the near future,

c that, if an interim order is made, there is a reasonable prospect that the dwelling will become occupied,

d that the authority have complied with section 133(3), and

e that any prescribed requirements have been complied with.

(3) In deciding whether to authorise a local housing authority to make an interim EDMO in respect of a dwelling, the tribunal must take into account—

a the interests of the community, and

b the effect that the order will have on the rights of the relevant proprietor and may have on the rights of third parties.

(4) On authorising a local housing authority to make an interim EDMO in respect of a dwelling, the tribunal may, if it thinks fit, make an order requiring the authority (if they make the EDMO) to pay to any third party specified in the order an amount of compensation in respect of any interference in consequence of the order with the rights of the third party.

(5) The appropriate national authority may by order—

a prescribe exceptions for the purposes of subsection (1)(b),

b prescribe a period of time for the purposes of subsection (2)(a), and

c prescribe requirements for the purposes of subsection (2)(e).

(6) An order under subsection (5)(a) may, in particular, include exceptions in relation to—

a dwellings that have been occupied solely or principally by the relevant proprietor who is at the material time temporarily resident elsewhere;

b dwellings that are holiday homes or that are otherwise occupied by the relevant proprietor or his guests on a temporary basis from time to time;

c dwellings undergoing repairs or renovation;

d dwellings in respect of which an application for planning permission or building control approval is outstanding;

e dwellings which are genuinely on the market for sale or letting;

f dwellings where the relevant proprietor has died not more than the prescribed number of months before the material time.

(7) In this section—

“building control approval” means approval for the carrying out of any works under building regulations;

“planning permission” has the meaning given by section 336(1) of the Town and Country Planning Act 1990 (c. 8);

“prescribed” means prescribed by an order under subsection (5);

“wholly unoccupied” means that no part is occupied, whether lawfully or unlawfully.

(1) A local housing authority who have made an interim EDMO in respect of a dwelling must comply with the following provisions as soon as practicable after the order has come into force (see paragraph 1 of Schedule 7).

(2) The authority must take such steps as they consider appropriate for the purpose of securing that the dwelling becomes and continues to be occupied.

(3) The authority must also take such other steps as they consider appropriate with a view to the proper management of the dwelling pending—

a the making of a final EDMO in respect of the dwelling under section 136 , or

b the revocation of the interim EDMO.

(4) If the local housing authority conclude that there are no steps which they could appropriately take under the order for the purpose of securing that the dwelling becomes occupied, the authority must either—

a make a final EDMO in respect of the dwelling under section 136, or

b revoke the order under paragraph 7 of Schedule 7 without taking any further action.

(5) For the avoidance of doubt, the authority’s duty under subsection (3) includes taking such steps as are necessary to ensure that, while the order is in force, reasonable provision is made for insurance of the dwelling against destruction or damage by fire or other causes.

(1) A local housing authority may make a final EDMO to replace an interim EDMO made under section 133 if—

a they consider that, unless a final EDMO is made in respect of the dwelling, the dwelling is likely to become or remain unoccupied;

b where the dwelling is unoccupied, they have taken all such steps as it was appropriate for them to take under the interim EDMO with a view to securing the occupation of the dwelling.

(2) A local housing authority may make a new final EDMO so as to replace a final EDMO made under this section if—

a they consider that unless a new final EDMO is made in respect of the dwelling, the dwelling is likely to become or remain unoccupied; and

b where the dwelling is unoccupied, they have taken all such steps as it was appropriate for them to take under the existing final EDMO with a view to securing the occupation of the dwelling.

(3) In deciding whether to make a final EDMO in respect of a dwelling, the authority must take into account—

a the interests of the community, and

b the effect that the order will have on the rights of the relevant proprietor and may have on the rights of third parties.

(4) Before making a final EDMO under this section, the authority must consider whether compensation should be paid by them to any third party in respect of any interference in consequence of the order with the rights of the third party.

(5) Part 1 of Schedule 6 applies in relation to the making of a final EDMO in respect of a dwelling as it applies in relation to the making of a final management order in respect of a house, subject to the following modifications—

a paragraph 7(2) does not apply;

b paragraph 7(4)(c) is to be read as referring instead to the date on which the order is to cease to have effect in accordance with paragraph 1(3) and (4) or 9(3) to (5) of Schedule 7;

c in paragraph 7(6)—

i paragraph (a) is to be read as referring to Part 4 of Schedule 7, and

ii paragraph (b) is to be read as referring instead to paragraph 27(2) of Schedule 7;

d paragraph 7(6) in addition is to be read as requiring the notice under paragraph 7(5) also to contain—

i the decision of the authority as to whether to pay compensation to any third party,

ii the amount of any such compensation to be paid, and

iii information about the right of appeal against the decision under paragraph 34 of Schedule 7;

e paragraph 8(4) is to be read as defining “relevant person” as any person who, to the knowledge of the local housing authority, is a person having an estate or interest in the dwelling (other than a person who is a tenant under a lease granted under paragraph 2(3)(c) or 10(3)(c) of Schedule 7).

(1) A local housing authority who have made a final EDMO in respect of a dwelling must comply with the following provisions once the order has come into force (see paragraph 9 of Schedule 7).

(2) The authority must take such steps as they consider appropriate for the purpose of securing that the dwelling is occupied.

(3) The authority must also take such other steps as they consider appropriate with a view to the proper management of the dwelling in accordance with the management scheme contained in the order (see paragraph 13 of Schedule 7).

(4) The authority must from time to time review—

a the operation of the order and in particular the management scheme contained in it,

b whether, if the dwelling is unoccupied, there are any steps which they could appropriately take under the order for the purpose of securing that the dwelling becomes occupied, and

c whether keeping the order in force in relation to the dwelling (with or without making any variations under paragraph 15 of Schedule 7) is necessary to secure that the dwelling becomes or remains occupied.

(5) If on a review the authority consider that any variations should be made under paragraph 15 of Schedule 7, they must proceed to make those variations.

(6) If the dwelling is unoccupied and on a review the authority conclude that either—

a there are no steps which they could appropriately take as mentioned in subsection (4)(b), or

b keeping the order in force is not necessary as mentioned in subsection (4)(c),

they must proceed to revoke the order.

(7) For the avoidance of doubt, the authority’s duty under subsection (3) includes taking such steps as are necessary to ensure that, while the order is in force, reasonable provision is made for insurance of the dwelling against destruction or damage by fire or other causes.

(1) A third party may, while an interim EDMO is in force in respect of a dwelling, apply to the appropriate tribunal for an order requiring the local housing authority to pay to him compensation in respect of any interference in consequence of the order with his rights in respect of the dwelling.

(2) On such an application, the tribunal may, if it thinks fit, make an order requiring the authority to pay to the third party an amount by way of compensation in respect of any such interference.

(3) If a third party requests them to do so at any time, the local housing authority must consider whether an amount by way of compensation should be paid to him in respect of any interference in consequence of a final EDMO with his rights.

(4) The authority must notify the third party of their decision as soon as practicable.

(5) Where the local housing authority decide under subsection (3) that compensation ought to be paid to a third party, they must vary the management scheme contained in the order so as to specify the amount of the compensation to be paid and to make provision as to its payment.

(1) This Chapter applies to any HMO—

a in relation to which no interim or final management order is in force; and

b which is not required to be licensed under Part 2.

(2) The local housing authority may serve an overcrowding notice on one or more relevant persons if, having regard to the rooms available, it considers that an excessive number of persons is being, or is likely to be, accommodated in the HMO concerned.

(3) The authority must, at least 7 days before serving an overcrowding notice—

a inform in writing every relevant person (whether or not the person on whom the authority is to serve the notice) of their intention to serve the notice; and

b ensure that, so far as is reasonably possible, every occupier of the HMO concerned is informed of the authority’s intention.

(4) The authority must also give the persons informed under subsection (3) an opportunity of making representations about the proposal to serve an overcrowding notice.

(5) An overcrowding notice becomes operative, if no appeal is brought under section 143, at the end of the period of 21 days from the date of service of the notice.

(6) If no appeal is brought under section 143 , an overcrowding notice is final and conclusive as to matters which could have been raised on such an appeal.

(7) A person who contravenes an overcrowding notice commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) In proceedings for an offence under subsection (7) it is a defence that the person had a reasonable excuse for contravening the notice.

(9) In this section “relevant person” means a person who is, to the knowledge of the local housing authority—

a a person having an estate or interest in the HMO concerned, or

b a person managing or having control of it.

(10) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

(11) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

(1) An overcrowding notice must state in relation to each room in the HMO concerned—

a what the local housing authority consider to be the maximum number of persons by whom the room is suitable to be occupied as sleeping accommodation at any one time; or

b that the local housing authority consider that the room is unsuitable to be occupied as sleeping accommodation.

(2) An overcrowding notice may specify special maxima applicable where some or all of the persons occupying a room are under such age as may be specified in the notice.

(3) An overcrowding notice must contain—

a the requirement prescribed by section 141 (not to permit excessive number of persons to sleep in the house in multiple occupation); or

b the requirement prescribed by section 142 (not to admit new residents if number of persons is excessive).

(4) The local housing authority may at any time—

a withdraw an overcrowding notice which has been served on any person and which contains the requirement prescribed by section 142, and

b serve on him instead an overcrowding notice containing the requirement prescribed by section 141.

(1) The requirement prescribed by this section is that the person on whom the notice is served must refrain from—

a permitting a room to be occupied as sleeping accommodation otherwise than in accordance with the notice; or

b permitting persons to occupy the HMO as sleeping accommodation in such numbers that it is not possible to avoid persons of opposite sexes who are not living together as a married couple or civil partners sleeping in the same room.

(2) For the purposes of subsection (1)(b)—

a children under the age of 10 are to be disregarded; and

b it must be assumed that the persons occupying the HMO as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.

(1) The requirement prescribed by this section is that the person on whom the notice is served must refrain from—

a permitting a room to be occupied by a new resident as sleeping accommodation otherwise than in accordance with the notice; or

b permitting a new resident to occupy any part of the HMO as sleeping accommodation if that is not possible without persons of opposite sexes who are not living together as a married couple or civil partners sleeping in the same room.

(2) In subsection (1) “new resident” means a person who was not an occupier of the HMO immediately before the notice was served.

(3) For the purposes of subsection (1)(b)—

a children under the age of 10 are to be disregarded; and

b it must be assumed that the persons occupying any part of the HMO as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.

(1) A person aggrieved by an overcrowding notice may appeal to the appropriate tribunal within the period of 21 days beginning with the date of service of the notice.

(2) 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.

(3) On an appeal the tribunal may by order confirm, quash or vary the notice.

(4) If an appeal is brought, the notice does not become operative until—

a a decision is given on the appeal which confirms the notice and the period within which an appeal to the Upper Tribunal may be brought expires without any such appeal having been brought; or

b if an appeal is brought to the Upper Tribunal, a decision is given on the appeal which confirms the notice.

(5) For the purposes of subsection (4)—

a the withdrawal of an appeal has the same effect as a decision which confirms the notice appealed against; and

b references to a decision which confirms the notice are to a decision which confirms it with or without variation.

(6) The appropriate tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (1) if it is satisfied that there is good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

(1) The local housing authority may at any time, on the application of a relevant person—

a revoke an overcrowding notice; or

b vary it so as to allow more people to be accommodated in the HMO concerned.

(2) The applicant may appeal to the appropriate tribunal if the local housing authority—

a refuse an application under subsection (1); or

b do not notify the applicant of their decision within the period of 35 days beginning with the making of the application (or within such further period as the applicant may in writing allow).

(3) An appeal under subsection (2) must be made within—

a the period of 21 days beginning with the date when the applicant is notified by the authority of their decision to refuse the application, or

b the period of 21 days immediately following the end of the period (or further period) applying for the purposes of paragraph (b) of that subsection,

as the case may be.

(4) Section 143(2) applies to such an appeal as it applies to an appeal under that section.

(5) On an appeal the tribunal may revoke the notice or vary it in any manner in which it might have been varied by the local housing authority.

(6) The appropriate tribunal may allow an appeal to be made to it after the end of the 21-day period mentioned in subsection (3)(a) or (b) if it is satisfied that there is good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal).

(7) In this section “relevant person” means—

a any person who has an estate or interest in the HMO concerned, or

b any other person who is a person managing or having control of it.

(1) The appropriate national authority may by regulations make such provision as it considers appropriate for supplementing the provisions of Chapter 1 or 2 in relation to cases where a local housing authority are to be treated as the lessee under a lease under—

a section 107(5) or 116(5), or

b paragraph 2(6) or 10(6) of Schedule 7.

(2) Regulations under this section may, in particular, make provision—

a as respects rights and liabilities in such cases of—

i the authority,

ii the person who (apart from the relevant provision mentioned in subsection (1)) is the lessee under the lease, or

iii other persons having an estate or interest in the premises demised under the lease;

b requiring the authority to give copies to the person mentioned in paragraph (a)(ii) of notices and other documents served on them in connection with the lease;

c for treating things done by or in relation to the authority as done by or in relation to that person, or vice versa.

(1) In this Part—

“HMO” means a house in multiple occupation as defined by sections 254 to 259,

“Part 3 house” means a house to which Part 3 of this Act applies (see section 79(2)),

(2) For the purposes of this Part “mortgage” includes a charge or lien, and “mortgagee” is to be read accordingly.

(3) 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.

(4) A “section 257 HMO” is an HMO which is a converted block of flats to which section 257 applies.

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

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(1) Part 5 of the Housing Act 1996 (c. 52) (conduct of tenants) is amended as follows.

(2) In section 125(2) (trial period for introductory tenancy to be one year) for “subject as follows” substitute “ but this is subject to subsections (3) and (4) and to section 125A (extension of trial period by 6 months). ”

(3) After section 125 insert—

125A

Extension of trial period by 6 months

1 If both of the following conditions are met in relation to an introductory tenancy, the trial period is extended by 6 months.

2 The first condition is that the landlord has served a notice of extension on the tenant at least 8 weeks before the original expiry date.

3 The second condition is that either—

a the tenant has not requested a review under section 125B in accordance with subsection (1) of that section, or

b if he has, the decision on the review was to confirm the landlord’s decision to extend the trial period.

4 A notice of extension is a notice—

a stating that the landlord has decided that the period for which the tenancy is to be an introductory tenancy should be extended by 6 months, and

b complying with subsection (5).

5 A notice of extension must—

a set out the reasons for the landlord’s decision, and

b inform the tenant of his right to request a review of the landlord’s decision and of the time within which such a request must be made.

6 In this section and section 125B “the original expiry date” means the last day of the period of one year that would apply as the trial period apart from this section.

125B

Review of decision to extend trial period

1 A request for review of the landlord’s decision that the trial period for an introductory tenancy should be extended under section 125A must be made before the end of the period of 14 days beginning with the day on which the notice of extension is served.

2 On a request being duly made to it, the landlord shall review its decision.

3 The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under this section.

4 Provision may be made by regulations—

a requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

b as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

5 The landlord shall notify the tenant of the decision on the review.

6 The review shall be carried out and the tenant notified before the original expiry date.

(4) The amendments made by this section do not apply in relation to any tenancy entered into before, or in pursuance of an agreement made before, the day on which this section comes into force.

(1) In section 119(1) of the Housing Act 1985 (c. 68) (qualifying period for right to buy) for “two” substitute “ five ”.

(2) In subsection (2)(a) of section 129 of that Act (discount)—

a for “two” substitute “ five ”; and

b for “32 per cent” substitute “ 35 per cent ”.

(3) In subsection (2)(b) of that section—

a for “two”, where it appears for the second time, substitute “ five ”; and

b for “44 per cent” substitute “ 50 per cent ”.

(4) In subsection (2A)(b) of that section for “two” substitute “ five ”.

(5) The amendments made by this section do not apply in relation to a secure tenancy—

a if the tenancy was entered into before, or in pursuance of an agreement made before, the day on which this section comes into force, or

b if paragraph (a) does not apply but the tenant is a public sector tenant on that day and does not cease to be such a tenant at any time before serving a notice in respect of the tenancy under section 122 of that Act.

(6) In subsection (5) “public sector tenant” has the same meaning as in Schedule 4 to that Act.

5A In this paragraph “the appropriate tribunal or authority” means—

a in relation to England, a residential property tribunal; and

b in relation to Wales, the Secretary of State.

5B Section 231 of the Housing Act 2004 (appeals to Upper Tribunal) does not apply to any decision of a residential property tribunal under this paragraph.

a has been made to the Secretary of State before the day on which this section comes into force, and

b has not been determined by him before that day.

a the application is to be determined by the appropriate tribunal, and

b the Secretary of State must make all such arrangements as he considers necessary for the purpose of, or in connection with, enabling it to be so determined.

(1) In Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy) after paragraph 12 insert—

13

Dwelling-house due to be demolished within 24 months

1 The right to buy does not arise if a final demolition notice is in force in respect of the dwelling-house.

2 A “final demolition notice” is a notice—

a stating that the landlord intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),

b setting out the reasons why the landlord intends to demolish the relevant premises,

c specifying—

i the date by which he intends to demolish those premises (“the proposed demolition date”), and

A “final demolition notice” is a notice—

If, at the time when the notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall (instead of complying with sub-paragraph (2)(e)) state—

and the notice shall also give details of that right to compensation and of how it may be exercised.

The proposed demolition date must fall within the period of 24 months beginning with the date of service of the notice on the tenant.

For the purposes of this paragraph a final demolition notice is in force in respect of the dwelling-house concerned during the period of 24 months mentioned in sub-paragraph (4), but this is subject to—

If—

the landlord must have served a final demolition notice on the occupier of each of the dwelling-houses contained in it (whether addressed to him by name or just as “the occupier”).

An accidental omission to serve a final demolition notice on one or more occupiers does not prevent the condition in this sub-paragraph from being satisfied.

A notice stating that the landlord intends to demolish the relevant premises must have appeared—

The notice mentioned in sub-paragraph (7) must contain the following information—

In this paragraph and paragraphs 14 and 15 any reference to the landlord, in the context of a reference to an intention or decision on his part to demolish or not to demolish any premises, or of a reference to the acquisition or transfer of any premises, includes a reference to a superior landlord.

A final demolition notice may only be served for the purposes of paragraph 13 if one of conditions A to C is satisfied in relation to the notice.

Condition A is that the proposed demolition of the dwelling-house does not form part of a scheme involving the demolition of other premises.

Condition B is that—

Condition C is that—

For the purposes of sub-paragraph (4) arrangements for the acquisition of any premises are in place if—

In this paragraph—

The Secretary of State may, on an application by the landlord, give a direction extending or further extending the period during which a final demolition notice is in force in respect of a dwelling-house.

A direction under sub-paragraph (1) may provide that any extension of that period is not to have effect unless the landlord complies with such requirements relating to the service of further notices as are specified in the direction.

A direction under sub-paragraph (1) may only be given at a time when the demolition notice is in force (whether by virtue of paragraph 13 or this paragraph).

If, while a final demolition notice is in force, the landlord decides not to demolish the dwelling-house in question, he must, as soon as is reasonably practicable, serve a notice (“a revocation notice”) on the tenant which informs him—

If, while a final demolition notice is in force, it appears to the Secretary of State that the landlord has no intention of demolishing the dwelling-house in question, he may serve a notice (“a revocation notice”) on the tenant which informs him—

Section 169 applies in relation to the Secretary of State’s power under this sub-paragraph as it applies in relation to his powers under the provisions mentioned in subsection (1) of that section.

But the Secretary of State may not serve a revocation notice unless he has previously served a notice on the landlord which informs him of the Secretary of State’s intention to serve the revocation notice.

Where a revocation notice is served under sub-paragraph (4) or (5), the demolition notice ceases to be in force as from the date of service of the revocation notice.

Once a final demolition notice has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished, no further final demolition notice may be served in respect of it during the period of 5 years following the time when the notice ceases to be in force, unless—

The Secretary of State’s consent under sub-paragraph (8) may be given subject to compliance with such conditions as he may specify.

Any notice under paragraph 13 or 15 may be served on a person—

For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) the proper address of a person on whom a notice is to be served shall be—

ii the date when the notice will cease to be in force (unless extended under paragraph 15),

A “final demolition notice” is a notice—

If, at the time when the notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall (instead of complying with sub-paragraph (2)(e)) state—

and the notice shall also give details of that right to compensation and of how it may be exercised.

The proposed demolition date must fall within the period of 24 months beginning with the date of service of the notice on the tenant.

For the purposes of this paragraph a final demolition notice is in force in respect of the dwelling-house concerned during the period of 24 months mentioned in sub-paragraph (4), but this is subject to—

If—

the landlord must have served a final demolition notice on the occupier of each of the dwelling-houses contained in it (whether addressed to him by name or just as “the occupier”).

An accidental omission to serve a final demolition notice on one or more occupiers does not prevent the condition in this sub-paragraph from being satisfied.

A notice stating that the landlord intends to demolish the relevant premises must have appeared—

The notice mentioned in sub-paragraph (7) must contain the following information—

In this paragraph and paragraphs 14 and 15 any reference to the landlord, in the context of a reference to an intention or decision on his part to demolish or not to demolish any premises, or of a reference to the acquisition or transfer of any premises, includes a reference to a superior landlord.

A final demolition notice may only be served for the purposes of paragraph 13 if one of conditions A to C is satisfied in relation to the notice.

Condition A is that the proposed demolition of the dwelling-house does not form part of a scheme involving the demolition of other premises.

Condition B is that—

Condition C is that—

For the purposes of sub-paragraph (4) arrangements for the acquisition of any premises are in place if—

In this paragraph—

The Secretary of State may, on an application by the landlord, give a direction extending or further extending the period during which a final demolition notice is in force in respect of a dwelling-house.

A direction under sub-paragraph (1) may provide that any extension of that period is not to have effect unless the landlord complies with such requirements relating to the service of further notices as are specified in the direction.

A direction under sub-paragraph (1) may only be given at a time when the demolition notice is in force (whether by virtue of paragraph 13 or this paragraph).

If, while a final demolition notice is in force, the landlord decides not to demolish the dwelling-house in question, he must, as soon as is reasonably practicable, serve a notice (“a revocation notice”) on the tenant which informs him—

If, while a final demolition notice is in force, it appears to the Secretary of State that the landlord has no intention of demolishing the dwelling-house in question, he may serve a notice (“a revocation notice”) on the tenant which informs him—

Section 169 applies in relation to the Secretary of State’s power under this sub-paragraph as it applies in relation to his powers under the provisions mentioned in subsection (1) of that section.

But the Secretary of State may not serve a revocation notice unless he has previously served a notice on the landlord which informs him of the Secretary of State’s intention to serve the revocation notice.

Where a revocation notice is served under sub-paragraph (4) or (5), the demolition notice ceases to be in force as from the date of service of the revocation notice.

Once a final demolition notice has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished, no further final demolition notice may be served in respect of it during the period of 5 years following the time when the notice ceases to be in force, unless—

The Secretary of State’s consent under sub-paragraph (8) may be given subject to compliance with such conditions as he may specify.

Any notice under paragraph 13 or 15 may be served on a person—

For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) the proper address of a person on whom a notice is to be served shall be—

d stating that one of conditions A to C in paragraph 14 is satisfied in relation to the notice (specifying the condition concerned), and

e stating that the right to buy does not arise in respect of the dwelling-house while the notice is in force.

3 If, at the time when the notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall (instead of complying with sub-paragraph (2)(e)) state—

a that that claim ceases to be effective on the notice coming into force, but

b that section 138C confers a right to compensation in respect of certain expenditure,

and the notice shall also give details of that right to compensation and of how it may be exercised.

4 The proposed demolition date must fall within the period of 24 months beginning with the date of service of the notice on the tenant.

5 For the purposes of this paragraph a final demolition notice is in force in respect of the dwelling-house concerned during the period of 24 months mentioned in sub-paragraph (4), but this is subject to—

a compliance with the conditions in sub-paragraphs (6) and (7) (in a case to which they apply), and

b the provisions of paragraph 15(1) to (7).

6 If—

a the dwelling-house is contained in a building which contains one or more other dwelling-houses, and

b the landlord intends to demolish the whole of the building,

the landlord must have served a final demolition notice on the occupier of each of the dwelling-houses contained in it (whether addressed to him by name or just as “the occupier”).

7 A notice stating that the landlord intends to demolish the relevant premises must have appeared—

a in a local or other newspaper circulating in the locality in which those premises are situated (other than one published by the landlord), and

b in any newspaper published by the landlord, and

c on the landlord’s website (if he has one).

8 The notice mentioned in sub-paragraph (7) must contain the following information—

a sufficient information to enable identification of the premises that the landlord intends to demolish;

b the reasons why the landlord intends to demolish those premises;

c the proposed demolition date;

d the date when any final demolition notice or notices relating to those premises will cease to be in force, unless extended or revoked under paragraph 15;

e that the right to buy will not arise in respect of those premises or (as the case may be) in respect of any dwelling-house contained in them;

f that there may be a right to compensation under section 138C in respect of certain expenditure incurred in respect of any existing claim.

9 In this paragraph and paragraphs 14 and 15 any reference to the landlord, in the context of a reference to an intention or decision on his part to demolish or not to demolish any premises, or of a reference to the acquisition or transfer of any premises, includes a reference to a superior landlord.

1 A final demolition notice may only be served for the purposes of paragraph 13 if one of conditions A to C is satisfied in relation to the notice.

2 Condition A is that the proposed demolition of the dwelling-house does not form part of a scheme involving the demolition of other premises.

3 Condition B is that—

a the proposed demolition of the dwelling-house does form part of a scheme involving the demolition of other premises, but

b none of those other premises needs to be acquired by the landlord in order for the landlord to be able to demolish them.

4 Condition C is that—

a the proposed demolition of the dwelling-house does form part of a scheme involving the demolition of other premises, and

b one or more of those premises need to be acquired by the landlord in order for the landlord to be able to demolish them, but

c in each case arrangements for their acquisition are in place.

5 For the purposes of sub-paragraph (4) arrangements for the acquisition of any premises are in place if—

a an agreement under which the landlord is entitled to acquire the premises is in force, or

b a notice to treat has been given in respect of the premises under section 5 of the Compulsory Purchase Act 1965, or

c a vesting declaration has been made in respect of the premises under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981.

6 In this paragraph—

1 The Secretary of State may, on an application by the landlord, give a direction extending or further extending the period during which a final demolition notice is in force in respect of a dwelling-house.

2 A direction under sub-paragraph (1) may provide that any extension of that period is not to have effect unless the landlord complies with such requirements relating to the service of further notices as are specified in the direction.

3 A direction under sub-paragraph (1) may only be given at a time when the demolition notice is in force (whether by virtue of paragraph 13 or this paragraph).

4 If, while a final demolition notice is in force, the landlord decides not to demolish the dwelling-house in question, he must, as soon as is reasonably practicable, serve a notice (“a revocation notice”) on the tenant which informs him—

a of the landlord’s decision, and

b that the demolition notice is revoked as from the date of service of the revocation notice.

5 If, while a final demolition notice is in force, it appears to the Secretary of State that the landlord has no intention of demolishing the dwelling-house in question, he may serve a notice (“a revocation notice”) on the tenant which informs him—

a of the Secretary of State’s conclusion, and

b that the demolition notice is revoked as from the date of service of the revocation notice.

6 But the Secretary of State may not serve a revocation notice unless he has previously served a notice on the landlord which informs him of the Secretary of State’s intention to serve the revocation notice.

7 Where a revocation notice is served under sub-paragraph (4) or (5), the demolition notice ceases to be in force as from the date of service of the revocation notice.

8 Once a final demolition notice has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished, no further final demolition notice may be served in respect of it during the period of 5 years following the time when the notice ceases to be in force, unless—

a it is served with the consent of the Secretary of State, and

b it states that it is so served.

9 The Secretary of State’s consent under sub-paragraph (8) may be given subject to compliance with such conditions as he may specify.

1 Any notice under paragraph 13 or 15 may be served on a person—

a by delivering it to him, by leaving it at his proper address or by sending it by post to him at that address, or

b if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body.

2 For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) the proper address of a person on whom a notice is to be served shall be—

a in the case of a body corporate or its secretary, that of the registered or principal office of the body, and

b in any other case, the last known address of that person.

“premises” means premises of any description;

“scheme” includes arrangements of any description.

(2) The amendment made by this section does not apply in any case where the tenant’s notice under section 122 of that Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.

(1) In section 138 of the Housing Act 1985 (c. 68) (duty of landlord to convey freehold or grant lease), after the subsection (2D) inserted by section 193 of this Act, insert—

2E Subsection (1) also has effect subject to—

a section 138A(2) (operation of subsection (1) suspended while initial demolition notice is in force), and

b section 138B(2) (subsection (1) disapplied where final demolition notice is served).

(2) After section 138 of that Act insert—

138A

Effect of initial demolition notice served before completion

1 This section applies where—

a an initial demolition notice is served on a secure tenant under Schedule 5A, and

b the notice is served on the tenant before the landlord has made to him such a grant as is required by section 138(1) in respect of a claim by the tenant to exercise the right to buy.

2 In such a case the landlord is not bound to comply with section 138(1), in connection with any such claim by the tenant, so long as the initial demolition notice remains in force under Schedule 5A.

3 Section 138C provides a right to compensation in certain cases where this section applies.

138B

Effect of final demolition notice served before completion

1 This section applies where—

a a secure tenant has claimed to exercise the right to buy, but

b before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, a final demolition notice is served on the tenant under paragraph 13 of Schedule 5.

2 In such a case—

a the tenant’s claim ceases to be effective as from the time when the final demolition notice comes into force under that paragraph, and

b section 138(1) accordingly does not apply to the landlord, in connection with the tenant’s claim, at any time after the notice comes into force.

3 Section 138C provides a right to compensation in certain cases where this section applies.

138C

Compensation where demolition notice served

1 This section applies where—

a a secure tenant has claimed to exercise the right to buy,

b before the landlord has made to the tenant such a grant as is required by section 138(1) in respect of the claim, either an initial demolition notice is served on the tenant under Schedule 5A or a final demolition notice is served on him under paragraph 13 of Schedule 5, and

c the tenant’s claim is established before that notice comes into force under Schedule 5A or paragraph 13 of Schedule 5 (as the case may be).

2 If, within the period of three months beginning with the date when the notice comes into force (“the operative date”), the tenant serves on the landlord a written notice claiming an amount of compensation under subsection (3), the landlord shall pay that amount to the tenant.

3 Compensation under this subsection is compensation in respect of expenditure reasonably incurred by the tenant before the operative date in respect of legal and other fees, and other professional costs and expenses, payable in connection with the exercise by him of the right to buy.

4 A notice under subsection (2) must be accompanied by receipts or other documents showing that the tenant incurred the expenditure in question.

(3) After Schedule 5 to the Act insert, as Schedule 5A, the Schedule set out in Schedule 9 to this Act.

(4) The amendments made by this section do not apply in any case where the tenant’s notice under section 122 of the Act (notice claim to exercise right to buy) was served before the day on which this section comes into force.

(1) Section 140 of the Housing Act 1985 (c. 68) (landlord’s first notice to complete) is amended as follows.

(2) In subsection (3) (notice not to be served earlier than twelve months after landlord’s notice under section 125 or 146) for “twelve” substitute “ three ”.

(3) The amendment made by this section does not apply in any case where the tenant’s notice under section 122 of that Act (notice claiming right to buy) was served before the day on which this section comes into force.

(1) Section 155 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3).

(2) For subsections (2) and (3) substitute—

2 In the case of a conveyance or grant in pursuance of the right to buy, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155A on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance or grant.

3 In the case of a conveyance or grant in pursuance of the right to acquire on rent to mortgage terms, the covenant shall be to pay the landlord such sum (if any) as the landlord may demand in accordance with section 155B on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the making of the initial payment.

(3) In subsection (3A) (modifications where tenant has served operative notice of delay) for “three years” substitute “ five years ”.

(4) After section 155 insert—

155A

Amount of discount which may be demanded by landlord: right to buy

1 For the purposes of the covenant mentioned in section 155(2), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

2 The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the discount to which the secure tenant was entitled, where the discount is expressed as a percentage of the value which under section 127 was taken as the value of the dwelling-house at the relevant time.

3 But for each complete year which has elapsed after the conveyance or grant and before the disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

4 This section is subject to section 155C.

155B

Amount of discount which may be demanded by landlord: right to acquire on rent to mortgage terms

1 For the purposes of the covenant mentioned in section 155(3), the landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

2 The maximum amount which may be demanded by the landlord is the discount (if any) to which the tenant was entitled on the making of—

a the initial payment,

b any interim payment made before the disposal, or

c the final payment if so made,

reduced, in each case, by one-fifth for each complete year which has elapsed after the making of the initial payment and before the disposal.

(5) The amendments made by this section do not apply in any case where the tenant’s notice under section 122 of the Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.

(6) Subsection (7), however, applies in any such case if the first relevant disposal to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

(7) In the following provisions—

a section 155(2) and (3) of the Housing Act 1985 (c. 68) (as it has effect without the amendments made by this section), and

b any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the landlord on demand is to be read as a reference to his being liable to pay to the landlord so much of that amount (if any) as the landlord may demand.

(8) In subsections (6) and (7) “covenant for repayment of discount” means the covenant contained in a conveyance or grant in accordance with section 155 of that Act.

(1) After section 155B of the Housing Act 1985 (c. 68) (inserted by section 185 of this Act) insert—

155C

Increase attributable to home improvements

1 In calculating the maximum amount which may be demanded by the landlord under section 155A, such amount (if any) of the price or premium paid for the disposal which is attributable to improvements made to the dwelling-house—

a by the person by whom the disposal is, or is to be, made, and

b after the conveyance or grant and before the disposal,

shall be disregarded.

2 The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.

3 The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—

a it is reasonably practicable for him to do so; and

b his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

4 If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.

(2) In section 181 of that Act (jurisdiction of county court) for “and 158” substitute “ , 155C and 158 ”.

(1) After section 163 of the Housing Act 1985 insert—

163A

Treatment of deferred resale agreements for purposes of section 155

1 If a secure tenant or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 155 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

2 In subsection (1) “the appropriate time” means—

a the time when the agreement is entered into, or

b if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

3 An agreement is within this subsection if it is an agreement between the secure tenant or his successor in title and any other person—

a which is made (expressly or impliedly) in contemplation of, or in connection with, the tenant exercising, or having exercised, the right to buy,

b which is made before the end of the discount repayment period, and

c under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.

4 Such an agreement is within subsection (3)—

a whether or not the date on which the disposal is to take place is specified in the agreement, and

b whether or not any requirement to make the disposal is or may be made subject to the fulfilment of any condition.

5 The Secretary of State may by order provide—

a for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);

b for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.

6 An order under subsection (5)—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 In this section—

“agreement” includes arrangement;

“the discount repayment period” means the period of three or five years that applies for the purposes of section 155(2) or (3) (depending on whether the tenant’s notice under section 122 was given before or on or after the date of the coming into force of section 185 of the Housing Act 2004).

(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.

(1) After section 156 of the Housing Act 1985 (c. 68) insert—

156A

Right of first refusal for landlord etc.

1 A conveyance of the freehold or grant of a lease in pursuance of this Part shall contain the following covenant, which shall be binding on the secure tenant and his successors in title.

2 The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance or grant, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

3 In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance or grant is made.

4 The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—

a a landlord who has conveyed a freehold or granted a lease to a person (“the former tenant”) in pursuance of this Part, or

b such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 158.

5 The disposals within this subsection are—

a a reconveyance or conveyance of the dwelling-house; and

b a surrender or assignment of the lease.

6 Regulations under this section may, in particular, make provision—

a for the former tenant to offer to make such a disposal to such person or persons as may be prescribed;

b for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

c for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

d for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the former tenant and any other prescribed person;

e for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

f for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

g for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the former tenant is able to make a disposal on the open market;

h for the manner in which any offer, acceptance or notification is to be communicated.

7 In subsection (6) any reference to the former tenant is a reference to the former tenant or his successor in title.

8 In a case to which section 157(1) applies—

a the conveyance or grant may contain a covenant such as is mentioned in subsections (1) and (2) above instead of a covenant such as is mentioned in section 157(1), but

b it may do so only if the Secretary of State or, where the conveyance or grant is executed by a housing association within section 6A(3) or (4), the Relevant Authority consents.

9 Consent may be given in relation to—

a a particular disposal, or

b disposals by a particular landlord or disposals by landlords generally,

and may, in any case, be given subject to conditions.

10 Regulations under this section—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

11 The limitation imposed by a covenant within subsection (2) (whether the covenant is imposed in pursuance of subsection (1) or (8)) is a local land charge.

12 The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

(2) In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks etc.)—

a in subsection (1), after “the conveyance or grant may” insert “ (subject to section 156A(8) ”;

b in subsection (2), omit “, subject to subsection (4),”; and

c omit subsections (4) and (5) (which provide for a landlord’s right of first refusal).

(3) In section 158 of that Act (consideration for conveyance or surrender under section 157)—

a in the sidenote, for “reconveyance or surrender under section 157” substitute “ disposal under section 156A ”;

b for subsection (1) substitute—

c in subsection (2), for “or surrendered” substitute “ , conveyed, surrendered or assigned ”;

d in subsection (3), for “the landlord accepts the offer,” substitute “ the offer is accepted in accordance with regulations under section 156A, ”; and

e in subsection (4), for “to reconvey or surrender” substitute “ (as determined in accordance with regulations under section 156A). ”

The consideration for such a disposal as is mentioned in section 156A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the dwelling-house at the time when the offer is made (as determined in accordance with regulations under that section).

(4) In section 162 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—

aa the covenant required by section 156A (right of first refusal for landlord etc.) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and

(5) The amendments made by this section do not apply in relation to a conveyance of the freehold or grant of a lease in pursuance of Part 5 of that Act if the notice under section 122 of the Act (tenant’s notice claiming to exercise right to buy) was served before the day on which this section comes into force.

(6) Accordingly, nothing in this section affects—

a the operation of a limitation contained in such a conveyance or grant in accordance with section 157(4) of that Act, or

b the operation, in relation to such a limitation, of section 157(6) (so far as it renders a disposal in breach of covenant void) or section 158 (consideration payable) of that Act.

(1) After section 121 of the Housing Act 1985 (c. 68) insert—

121AA

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

1 Every body which lets dwelling-houses under secure tenancies shall prepare a document that contains information for its secure tenants about such matters as are specified in an order made by the Secretary of State.

2 The matters that may be so specified are matters which the Secretary of State considers that it would be desirable for secure tenants to have information about when considering whether to exercise the right to buy or the right to acquire on rent to mortgage terms.

3 The information contained in the document shall be restricted to information about the specified matters, and the information about those matters—

a shall be such as the body concerned considers appropriate, but

b shall be in a form which the body considers best suited to explaining those matters in simple terms.

4 Once a body has prepared the document required by subsection (1), it shall revise it as often as it considers necessary in order to ensure that the information contained in it—

a is kept up to date so far as is reasonably practicable, and

b reflects any changes in the matters for the time being specified in an order under this section.

5 An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

121B

Provision of information

1 This section sets out when the document prepared by a body under section 121AA is to be published or otherwise made available.

2 The body shall—

a publish the document (whether in its original or a revised form), and

b supply copies of it to the body’s secure tenants,

at such times as may be prescribed by, and otherwise in accordance with, an order made by the Secretary of State.

3 The body shall make copies of the current version of the document available to be supplied, free of charge, to persons requesting them.

4 The copies must be made available for that purpose—

a at the body’s principal offices, and

b at such other places as it considers appropriate,

at reasonable hours.

5 The body shall take such steps as it considers appropriate to bring to the attention of its secure tenants the fact that copies of the current version of the document can be obtained free of charge from the places where, and at the times when, they are made available in accordance with subsection (4).

6 In this section any reference to the current version of the document is to the version of the document that was last published by the body in accordance with subsection (2)(a).

7 An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) In section 104(1) of that Act (provision of information about tenancies), in paragraph (b) (information about Part 4 and Part 5), omit“and Part V (the right to buy)”.

(1) Before section 143 of the Housing Act 1985 (c. 68) insert—

142A

Termination of the right to acquire on rent to mortgage terms

1 As from the termination date, the right to acquire on rent to mortgage terms is not exercisable except in pursuance of a notice served under section 144 before that date.

2 In this section “the termination date” means the date falling 8 months after the date of the passing of the Housing Act 2004.

(2) In section 143(1) of that Act after “sections” insert “ 142A, ”.

(3) In section 144(1) of that Act for “A secure tenant” substitute “ Subject to section 142A, a secure tenant ”.

(1) In Schedule 3 to the Housing Act 1985 (c. 68) (grounds for withholding consent to assignment by way of exchange) after Ground 2 insert—

Ground 2A

Either—

a

a relevant order or suspended Ground 2 or 14 possession order is in force, or

b

an application is pending before any court for a relevant order, a demotion order or a Ground 2 or 14 possession order to be made,

A “relevant order” means—

an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour);

an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour);

an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords);

an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998; or

an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003.

A “demotion order” means a demotion order under section 82A of this Act or section 6A of the Housing Act 1988.

A “Ground 2 or 14 possession order” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988.

Where the tenancy of the tenant or the proposed assignee is a joint tenancy, any reference to that person includes (where the context permits) a reference to any of the joint tenants.

an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour);

an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour);

an injunction under section 153A , 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords);

an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998 section 1 of the Crime and Disorder Act 1998; or

an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 .

(2) The amendment made by this section applies in relation to applications for consent under section 92 of that Act (assignments by way of exchange) which are made on or after the day on which this section comes into force.

(1) In section 121 of the Housing Act 1985 (circumstances in which right to buy cannot be exercised), after subsection (2) insert—

3 The right to buy cannot be exercised at any time during the suspension period under an order made under section 121A in respect of the secure tenancy.

(2) After section 121 of that Act insert—

121A

Order suspending right to buy because of anti-social behaviour

1 The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy.

2 A suspension order is an order providing that the right to buy may not be exercised in relation to the dwelling-house during such period as is specified in the order (“the suspension period”).

3 The court must not make a suspension order unless it is satisfied—

a that the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies (anti-social behaviour or use of premises for unlawful purposes), and

b that it is reasonable to make the order.

4 When deciding whether it is reasonable to make the order, the court must consider, in particular—

a whether it is desirable for the dwelling-house to be managed by the landlord during the suspension period; and

b where the conduct mentioned in subsection (3)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.

5 Where a suspension order is made—

a any existing claim to exercise the right to buy in relation to the dwelling-house ceases to be effective as from the beginning of the suspension period, and

b section 138(1) shall not apply to the landlord, in connection with such a claim, at any time after the beginning of that period, but

c the order does not affect the computation of any period in accordance with Schedule 4.

6 The court may, on the application of the landlord, make (on one or more occasions) a further order which extends the suspension period under the suspension order by such period as is specified in the further order.

7 The court must not make such a further order unless it is satisfied—

a that, since the making of the suspension order (or the last order under subsection (6)), the tenant, or a person residing in or visiting the dwelling-house, has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 applies, and

b that it is reasonable to make the further order.

8 When deciding whether it is reasonable to make such a further order, the court must consider, in particular—

a whether it is desirable for the dwelling-house to be managed by the landlord during the further period of suspension; and

b where the conduct mentioned in subsection (7)(a) consists of conduct by a person which is capable of causing nuisance or annoyance, the effect that the conduct (or the threat of it) has had on other persons, or would have if repeated.

9 In this section any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants.

(3) Regulations under—

a section 171C of that Act (modifications of Part 5 in relation to preserved right to buy), or

b section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England),

may make provision for continuing the effect of a suspension order where the secure tenancy in respect of which the order was made has been replaced by an assured tenancy.

(1) In section 138 of the Housing Act 1985 (c. 68) (duty of landlord to convey freehold or grant lease) after subsection (2) insert—

2A Subsection (2B) applies if an application is pending before any court—

a for a demotion order or Ground 2 possession order to be made in respect of the tenant, or

b for a suspension order to be made in respect of the tenancy.

2B The landlord is not bound to comply with subsection (1) until such time (if any) as the application is determined without—

a a demotion order or an operative Ground 2 possession order being made in respect of the tenant, or

b a suspension order being made in respect of the tenancy,

or the application is withdrawn.

2C For the purposes of subsection (2A) and (2B)—

2D Subsection (1) has effect subject to section 121A(5) (disapplication of subsection (1) where suspension order is made).

“demotion order” means a demotion order under section 82A;

“Ground 2 possession order” means an order for possession under Ground 2 in Schedule 2;

“operative Ground 2 possession order” means an order made under that Ground which requires possession of the dwelling-house to be given up on a date specified in the order;

“suspension order” means a suspension order under section 121A.

(2) The amendment made by this section does not apply in any case where the tenant’s notice under section 122 of that Act (notice claiming to exercise right to buy) was served before the day on which this section comes into force.

(1) Any person may disclose relevant information to a landlord under a secure tenancy if the information is disclosed for the purpose of enabling the landlord—

a to decide whether either of the provisions of the Housing Act 1985 (c. 68) mentioned in subsection (2) can be invoked in relation to the tenant under the tenancy; or

b to take any appropriate action in relation to the tenant in reliance on either of those provisions.

(2) The provisions are—

a Ground 2A in Schedule 3 (withholding of consent to mutual exchange where order in force or application pending in connection with anti-social behaviour), and

b section 138(2B) (landlord’s obligation to complete suspended while application pending in connection with such behaviour).

(3) In this section—

a “relevant information” means information relating to any order or application relevant for the purposes of either of the provisions mentioned in subsection (2), including (in particular) information identifying the person in respect of whom any such order or application has been made;

b “secure tenancy” has the meaning given by section 79 of the Housing Act 1985; and

c any reference to the tenant under a secure tenancy is, in relation to a joint tenancy, a reference to any of the joint tenants.

(4) Regulations under—

a section 171C of the Housing Act 1985 (modifications of Part 5 in relation to preserved right to buy), or

b section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England),

may make provision corresponding to subsections (1) to (3) of this section so far as those subsections relate to section 138(2B) of the Housing Act 1985.

(1) Section 35 of the Housing Act 1985 (repayment of discount on early disposal) is amended in accordance with subsections (2) and (3).

(2) In subsection (2) for the words from “to pay to the authority” to the end of the subsection substitute “ to the following effect. ”

(3) After subsection (2) insert—

3 The covenant shall be to pay to the authority such sum (if any) as the authority may demand in accordance with subsection (4) on the occasion of the first relevant disposal (other than an exempted disposal) which takes place within the period of five years beginning with the conveyance, grant or assignment.

4 The authority may demand such sum as they consider appropriate, up to and including the maximum amount specified in this section.

5 The maximum amount which may be demanded by the authority is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house under section 32 .

6 But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

7 Subsections (4) to (6) are subject to section 35A .

(4) The amendments made by this section do not apply in any case where—

a the purchaser has accepted an offer for the disposal of the house from the authority, or

b the authority has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(5) Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

(6) In the following provisions—

a section 35(2) of the Housing Act 1985 (c. 68) (as it has effect without the amendments made by this section), and

b any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the authority on demand is to be read as a reference to his being liable to pay to the authority so much of that amount (if any) as the authority may demand.

(7) In subsections (5) and (6) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with section 35 of that Act.

After section 35 of the Housing Act 1985 insert—

“35AIncrease in value of house attributable to home improvements

(1)In calculating the maximum amount which may be demanded by the authority under section 35 , such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

(a)by the person by whom the disposal is, or is to be, made, and

(b)after the conveyance, grant or assignment and before the disposal,shall be disregarded.

(2)The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.

(3)The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—

(a)it is reasonably practicable for him to do so; and

(b)his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

(4)If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.”

(1) After section 36 of the Housing Act 1985 (c. 68) insert—

36A

Right of first refusal for local authority

1 This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with a consent given by the Secretary of State under subsection (2) of that section; but this section does not apply in any such case if the consent so provides.

2 On the disposal the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

3 The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

4 In subsection (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

5 The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—

a a local authority which have made a disposal as mentioned in subsection (1), or

b such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within subsection (6) made to them or him for such consideration as is mentioned in section 36B.

6 The disposals within this subsection are—

a a reconveyance or conveyance of the house; and

b a surrender or assignment of the lease.

7 Regulations under this section may, in particular, make provision—

a for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

b for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

c for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

d for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

e for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

f for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

g for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

h for the manner in which any offer, acceptance or notification is to be communicated.

8 In subsection (7) any reference to the purchaser is a reference to the purchaser or his successor in title.

9 Regulations under this section—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

10 The limitation imposed by a covenant within subsection (3) is a local land charge.

11 The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

36B

Consideration payable for disposal under section 36A

1 The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

2 That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 35 (repayment of discount on early disposal) would be discharged by the vendor.

3 If the offer is accepted in accordance with regulations under section 36A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

4 Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 36A).

(2) In section 33(2) of the Housing Act 1985 (c. 68) (covenants and conditions which may be imposed), after “But” insert “ , subject to sections 36A and 37, ”.

(3) In section 37(1) of that Act (restriction on disposal of dwelling-houses in National Parks etc.), after “restriction on assignment)” insert “ or a covenant as mentioned in section 36A(3) (right of first refusal for local authority) ”.

(4) In section 41 of that Act (exempted disposals which end liability under covenants), after paragraph (a) insert—

aa the covenant required by section 36A (right of first refusal for local authority) is not binding on the person to whom the disposal is made or any successor in title of his, and that covenant ceases to apply in relation to the property disposed of, and

(5) The amendments made by this section do not apply in relation to a disposal under section 32 of that Act if—

a the purchaser has accepted an offer for the disposal of the house from the authority, or

b the authority has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(1) After section 39 of the Housing Act 1985 insert—

39A

Treatment of deferred resale agreements for purposes of section 35

1 If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 35 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

2 In subsection (1) “the appropriate time” means—

a the time when the agreement is entered into, or

b if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

3 An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person—

a which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 32,

b which is made before the end of the discount repayment period, and

c under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.

4 Such an agreement is within subsection (3)—

a whether or not the date on which the relevant disposal is to take place is specified in the agreement, and

b whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.

5 The Secretary of State may by order provide—

a for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);

b for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.

6 An order under subsection (5)—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 In this section—

“agreement” includes arrangement;

“the discount repayment period” means the period of 3 years that applies for the purposes of section 35(2) or the period of five years that applies for the purposes of section 35(3) (depending on whether an offer such as is mentioned in section 195(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).

(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.

(1) For section 11 of the Housing Act 1996 (c. 52) substitute—

11

Covenant for repayment of discount on disposal

1 Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.

2 The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment.

3 The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

4 The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house by the landlord.

5 But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

6 Subsections (3) to (5) are subject to section 11A.

11A

Increase in value of house attributable to home improvements to be disregarded

1 In calculating the maximum amount which may be demanded by the landlord under section 11, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

a by the person by whom the disposal is, or is to be, made, and

b after the conveyance, grant or assignment and before the disposal,

shall be disregarded.

2 The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.

3 The district valuer shall not be required by virtue of this section to make a determination for the purposes of this section unless—

a it is reasonably practicable for him to do so; and

b his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

4 If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.

11B

Liability to repay is a charge on the house

1 The liability that may arise under the covenant required by section 11 is a charge on the house, taking effect as if it had been created by deed expressed to be by way of legal mortgage.

2 Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, etc.)—

a the covenant required by section 11 is not binding on the person to whom the disposal is made or any successor in title of his, and

b the covenant and the charge taking effect by virtue of this section cease to apply in relation to the property disposed of.

(2) In section 12, for “section 11” in each place where it occurs substitute “ section 11B ”.

(3) The amendments made by this section do not apply in any case where—

a the purchaser has accepted an offer for the disposal of the house from the landlord, or

b the landlord has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(4) Subsection (5), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

(5) In the following provisions—

a section 11(2) of the Housing Act 1996 (c. 52) (as it has effect without the amendments made by this section), and

b any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the landlord on demand is to be read as a reference to his being liable to pay to the landlord so much of that amount (if any) as the landlord may demand.

(6) In subsections (4) and (5) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with section 11 of that Act.

(1) After section 12 of the Housing Act 1996 insert—

12A

Right of first refusal for registered social landlord

1 Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

2 The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

3 In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

4 The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—

a a registered social landlord which has made a disposal as mentioned in subsection (1), or

b such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within subsection (5) made to him for such consideration as is mentioned in section 12B.

5 The disposals within this subsection are—

a a reconveyance or conveyance of the house; and

b a surrender or assignment of the lease.

6 Regulations under this section may, in particular, make provision—

a for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

b for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

c for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

d for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

e for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

f for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

g for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

h for the manner in which any offer, acceptance or notification is to be communicated.

7 In subsection (6) any reference to the purchaser is a reference to the purchaser or his successor in title.

8 Regulations under this section—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9 The limitation imposed by a covenant within subsection (2) is a local land charge.

10 The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

11 Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c)—

a the covenant required by this section is not binding on the person to whom the disposal is made or any successor in title of his, and

b the covenant ceases to apply in relation to the property disposed of.

12B

Consideration payable for disposal under section 12A

1 The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

2 That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 11 (repayment of discount on early disposal) would be discharged by the vendor.

3 If the offer is accepted in accordance with regulations under section 12A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

4 Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 12A).

(2) In section 13(1) of the Housing Act 1996 (c. 52) (restriction on disposal of houses in National Parks, &c), after “restriction on assignment)” insert “ or a covenant as mentioned in section 12A(2) of this Act (right of first refusal for registered social landlord) ”.

(3) The amendments made by this section do not apply in relation to a disposal under section 8 of that Act if—

a the purchaser has accepted an offer for the disposal of the house from the landlord, or

b the landlord has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(1) After section 15 of the Housing Act 1996 insert—

15A

Treatment of deferred resale agreements for purposes of section 11

1 If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 11 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

2 In subsection (1) “the appropriate time” means—

a the time when the agreement is entered into, or

b if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

3 An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person—

a which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, by virtue of section 8,

b which is made before the end of the discount repayment period, and

c under which a relevant disposal which is not an exempted disposal is or may be required to be made to any person after the end of that period.

4 Such an agreement is within subsection (3)—

a whether or not the date on which the relevant disposal is to take place is specified in the agreement, and

b whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.

5 The Secretary of State may by order provide—

a for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);

b for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.

6 An order under subsection (5)—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 In this section—

“agreement” includes arrangement;

“the discount repayment period” means the period of three or five years that applies for the purposes of section 11(2) (depending on whether an offer such as is mentioned in section 199(3) of the Housing Act 2004 was made before or on or after the coming into force of that section).

(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) Schedule 11 to the Housing Act 1988 (c. 50) (provisions applicable to certain disposals of houses) is amended as follows.

(2) In paragraph 1(2) for the words from “to pay to the housing action trust” to the end of the sub-paragraph substitute “ to the following effect. ”

(3) After paragraph 1(2) insert—

1A

Increase in value of house attributable to home improvements

1 In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

a by the person by whom the disposal is, or is to be, made, and

b after the conveyance, grant or assignment and before the disposal,

shall be disregarded.

2 The amount to be disregarded under this paragraph shall be such amount as may be agreed between the parties or determined by the district valuer.

3 The district valuer shall not be required by virtue of this paragraph to make a determination for the purposes of this paragraph unless—

a it is reasonably practicable for him to do so; and

b his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

4 If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.

(4) The amendments made by this section do not apply in any case where—

a the purchaser has accepted an offer for the disposal of the house from the housing action trust, or

b the housing action trust has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(5) Subsection (6), however, applies in any such case if the first relevant disposal by the purchaser to which the covenant for repayment of discount applies takes place on or after the day on which this section comes into force.

(6) In the following provisions—

a paragraph 1(2) of Schedule 11 to the Housing Act 1988 (c. 50) (as it has effect without the amendments made by this section), and

b any covenant for repayment of discount,

any reference (however expressed) to a person being liable to pay an amount to the housing action trust on demand is to be read as a reference to his being liable to pay to the trust so much of that amount (if any) as the trust may demand.

(7) In subsections (5) and (6) “covenant for repayment of discount” means the covenant contained in a conveyance, grant or assignment in accordance with paragraph 1 of Schedule 11 to that Act.

(1) After paragraph 2 of Schedule 11 to the Housing Act 1988 insert—

2A

Right of first refusal for housing action trust

1 This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.

2 On the disposal, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

3 The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

4 In sub-paragraph (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

5 The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—

a a housing action trust which has made a disposal as mentioned in sub-paragraph (1), or

b such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B.

6 The disposals within this sub-paragraph are—

a a reconveyance or conveyance of the house; and

b a surrender or assignment of the lease.

7 Regulations under this paragraph may, in particular, make provision—

a for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

b for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

c for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

d for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

e for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

f for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

g for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

h for the manner in which any offer, acceptance or notification is to be communicated.

8 In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title.

9 Regulations under this paragraph—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

10 The limitation imposed by a covenant within sub-paragraph (3) is a local land charge.

11 The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

2B

Consideration payable for disposal under paragraph 2A

1 The consideration for a disposal made in respect of a right of first refusal as mentioned in paragraph 2A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that paragraph).

2 That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor.

3 If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

4 Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under paragraph 2A).

(2) In paragraph 6 of Schedule 11 to that Act (exempted disposals ending obligation under covenants), at the end of paragraph (b) insert

c the covenant required by paragraph 2A above is not binding on the person to whom the disposal is made or any successor in title of his; and

d that covenant ceases to apply in relation to the property disposed of.

(3) The amendments made by this section do not apply in relation to a disposal under section 79 of that Act if—

a the purchaser has accepted an offer for the disposal of the house from the housing action trust, or

b the housing action trust has accepted an offer for the disposal of the house from the purchaser,

before the day on which this section comes into force.

(1) After paragraph 7 of Schedule 11 to the Housing Act 1988 (c. 50) insert—

8

Treatment of deferred resale agreements

1 If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

2 In sub-paragraph (1) “the appropriate time” means—

a the time when the agreement is entered into, or

b if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

3 An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person—

a which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 79,

b which is made before the end of the discount repayment period, and

c under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.

4 Such an agreement is within sub-paragraph (3)—

a whether or not the date on which the relevant disposal is to take place is specified in the agreement, and

b whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.

5 The Secretary of State may by order provide—

a for sub-paragraph (1) to apply to agreements of any description specified in the order in addition to those within sub-paragraph (3);

b for sub-paragraph (1) not to apply to agreements of any description so specified to which it would otherwise apply.

6 An order under sub-paragraph (5)—

a may make different provision with respect to different cases or descriptions of case; and

b shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

7 In this paragraph—

“agreement” includes arrangement;

“the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3) (depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).

(2) The amendment made by this section does not apply in relation to any agreement or arrangement made before the day on which this section comes into force.

(1) For section 1 of the Mobile Homes Act 1983 (c. 34) (particulars of agreements between site owners and occupiers of mobile homes) substitute—

1

Particulars of agreements

1 This Act applies to any agreement under which a person (“the occupier”) is entitled—

a to station a mobile home on land forming part of a protected site; and

b to occupy the mobile home as his only or main residence.

2 Before making an agreement to which this Act applies, the owner of the protected site (“the owner”) shall give to the proposed occupier under the agreement a written statement which—

a specifies the names and addresses of the parties;

b includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land;

c sets out the express terms to be contained in the agreement;

d sets out the terms to be implied by section 2(1) below; and

e complies with such other requirements as may be prescribed by regulations made by the appropriate national authority.

3 The written statement required by subsection (2) above must be given—

a not later than 28 days before the date on which any agreement for the sale of the mobile home to the proposed occupier is made, or

b (if no such agreement is made before the making of the agreement to which this Act applies) not later than 28 days before the date on which the agreement to which this Act applies is made.

4 But if the proposed occupier consents in writing to that statement being given to him by a date (“the chosen date”) which is less than 28 days before the date mentioned in subsection (3)(a) or (b) above, the statement must be given to him not later than the chosen date.

5 If any express term—

a is contained in an agreement to which this Act applies, but

b was not set out in a written statement given to the proposed occupier in accordance with subsections (2) to (4) above,

the term is unenforceable by the owner or any person within section 3(1) below.

6 If the owner has failed to give the occupier a written statement in accordance with subsections (2) to (4) above, the occupier may, at any time after the making of the agreement, apply to the court for an order requiring the owner—

a to give him a written statement which complies with paragraphs (a) to (e) of subsection (2) (read with any modifications necessary to reflect the fact that the agreement has been made), and

b to do so not later than such date as is specified in the order.

7 A statement required to be given to a person under this section may be either delivered to him personally or sent to him by post.

8 Any reference in this section to the making of an agreement to which this Act applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Act applies.

9 Regulations under this section—

a shall be made by statutory instrument;

b if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

c may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

(2) Section 2 of that Act (terms of agreements) is amended as follows—

a in subsection (2), for “within six months of the giving of the statement under section 1(2) above” substitute “ within the relevant period ”; and

b for subsection (3) substitute—

a varying or deleting any express term of the agreement;

b in the case of any express term to which section 1(6) above applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order.

a six months after that date, or

b where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 1(6) above), six months after the date on which the statement is given;

The court may, on the application of either party made within the relevant period, make an order—

In subsections (2) and (3) above “the relevant period” means the period beginning with the date on which the agreement is made and ending—

and section 1(8) above applies for the purposes of this subsection as it applies for the purposes of section 1.

(3) In section 5(1) of that Act (interpretation) insert at the appropriate place—

(4) The amendments made by subsections (1) and (2) do not apply in relation to an agreement to which that Act applies where—

a the agreement, or

b (if it becomes one to which that Act applies as the result of any variation of it) the variation in question,

is made before the end of the period of 28 days beginning with the day on which those subsections come into force.

(5) The new section 1(9)(b) inserted by subsection (1) does not affect the continuing validity of any regulations made under section 1 of that Act before the passing of this Act.

(1) Part 1 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) (terms implied in site agreements) is amended as follows.

(2) In paragraph 6 (termination by owner on ground of detrimental effect resulting from age and condition of mobile home)—

a omit “age and”; and

b after sub-paragraph (2) insert—

a the court considers that, having regard to the present condition of the mobile home, paragraph (a) or (b) of that sub-paragraph applies to it, but

b it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in neither of those paragraphs applying to it, and

c the occupier indicates that he intends to carry out those repairs.

Sub-paragraphs (4) and (5) below apply if, on an application under sub-paragraph (1) above—

In such a case the court may make an order adjourning proceedings on the application for such period specified in the order as the court considers reasonable to allow the repairs to be carried out.

The repairs must be set out in the order.

If the court makes such an order, the application shall not be further proceeded with unless the court is satisfied that the specified period has expired without the repairs having been carried out.

(3) In paragraph 8 (sale of mobile home to person approved by owner)—

a after sub-paragraph (1) insert—

a approve the person, unless it is reasonable for him not to do so, and

b serve on the occupier notice of his decision whether or not to approve the person.

a if the approval is given subject to conditions, the conditions, and

b if the approval is withheld, the reasons for withholding it.

a if he served a notice as mentioned in sub-paragraphs (1B) and (1C) and the question arises whether he served the notice within the required period of 28 days, to show that he did;

b if he gave his approval subject to any condition and the question arises whether the condition was a reasonable condition, to show that it was;

c if he did not give his approval and the question arises whether it was reasonable for him not to do so, to show that it was reasonable.

a must be in writing, and

b may be served by post.

b in sub-paragraph (2) for “the Secretary of State” substitute “ the appropriate national authority ”; and

c in sub-paragraph (3)(a) after “which” insert “ (if made by the Secretary of State) ”.

The occupier may serve on the owner a request for the owner to approve a person for the purposes of sub-paragraph (1) above.

Where the owner receives such a request, he must, within the period of 28 days beginning with the date on which he received the request—

A notice under sub-paragraph (1B) above must specify—

The giving of approval subject to any condition that is not a reasonable condition does not satisfy the requirement in sub-paragraph (1B)(a) above.

If the owner fails to notify the occupier as required by sub-paragraphs (1B) and (1C) above, the occupier may apply to the court for an order declaring that the person is approved for the purposes of sub-paragraph (1) above; and the court may make such an order if it thinks fit.

It is for the owner—

A request or notice under this paragraph—

(4) After the existing provisions of paragraph 9 (gift of mobile home to person approved by owner), which become sub-paragraph (1), insert—

2 Sub-paragraphs (1A) to (1G) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph.

(5) After Part 2 of Schedule 1 to the Mobile Homes Act 1983 (c. 34) insert—

(6) The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the day on which this section comes into force (“the appointed day”), as well as in relation to one made on or after that day.

(7) However—

a the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and

b the amendments made by subsections (3)(a), (4) and (5) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8(1) or (as the case may be) 9(1) of that Part of that Schedule.

(6) The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the day on which this section comes into force (“the appointed day”), as well as in relation to one made on or after that day.

(7) However—

a the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and

b the amendments made by subsections (3)(a), (4) and (5) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8(1) or (as the case may be) 9(1) of that Part of that Schedule.

(6) The amendments made by this section apply in relation to an agreement to which the Mobile Homes Act 1983 applies that was made before the day on which this section comes into force (“the appointed day”), as well as in relation to one made on or after that day.

(7) However—

a the amendments made by subsection (2) do not apply in relation to any application made before the appointed day for the purposes of paragraph 6 of Part 1 of Schedule 1 to that Act; and

b the amendments made by subsections (3)(a), (4) and (5) do not apply in relation to any request for approval made before the appointed day for the purposes of paragraph 8(1) or (as the case may be) 9(1) of that Part of that Schedule.

(1) After section 2 of the Mobile Homes Act 1983 (c. 34) insert—

2A

Power to amend implied terms

1 The appropriate national authority may by order make such amendments of Part 1 or 2 of Schedule 1 to this Act as the authority considers appropriate.

2 An order under this section—

a shall be made by statutory instrument;

b may make different provision with respect to different cases or descriptions of case, including different provision for different areas;

c may contain such incidental, supplementary, consequential, transitional or saving provisions as the authority making the order considers appropriate.

3 Without prejudice to the generality of subsections (1) and (2), an order under this section may—

a make provision for or in connection with the determination by the court of such questions, or the making by the court of such orders, as are specified in the order;

b make such amendments of any provision of this Act as the authority making the order considers appropriate in consequence of any amendment made by the order in Part 1 or 2 of Schedule 1.

4 The first order made under this section in relation to England or Wales respectively may provide for all or any of its provisions to apply in relation to agreements to which this Act applies that were made at any time before the day on which the order comes into force (as well as in relation to such agreements made on or after that day).

5 No order may be made by the appropriate national authority under this section unless the authority has consulted—

a such organisations as appear to it to be representative of interests substantially affected by the order; and

b such other persons as it considers appropriate.

6 No order may be made by the Secretary of State under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(2) For the purposes of subsection (5) of the section 2A inserted by this section, consultation undertaken before the date of the passing of this Act constitutes as effective compliance with that subsection as if undertaken on or after that date.

(1) Section 1 of the Caravan Sites Act 1968 (c. 52) (application of provisions for protection of residential occupiers of caravan sites) is amended as follows.

(2) In subsection (2) (under which “protected site” includes certain local authority sites) for “paragraph 11 of Schedule 1 to that Act (exemption of land occupied by local authorities) substitute “paragraph 11 or 11A of Schedule 1 to that Act (exemption of gypsy and other local authority sites)”.

(3) The amendment made by subsection (2) above does not affect the operation of—

a section 2 of the Act (minimum length of notice) in relation to any notice given before the day on which this section comes into force, or

b section 3 of the Act (protection from eviction) in relation to any conduct occurring before that day, or

c section 4 of the Act (suspension of eviction orders) in relation to any proceedings begun before that day.

(4) In subsection (3)(b) the reference to section 3 of the Act is to that section whether as amended by section 210 of this Act or otherwise.

(1) Section 3 of the Caravan Sites Act 1968 (protection of occupiers against eviction and harassment) is amended as follows.

(2) In subsection (1) (offence where person, with the specified intent, does acts calculated to interfere with the peace or comfort of the occupier etc.) for “calculated to interfere” substitute “ likely to interfere ”.

(3) After subsection (1) insert—

1A Subject to the provisions of this section, the owner of a protected site or his agent shall be guilty of an offence under this section if, whether during the subsistence or after the expiration or determination of a residential contract—

a he does acts likely to interfere with the peace or comfort of the occupier or persons residing with him, or

b he persistently withdraws or withholds services or facilities reasonably required for the occupation of the caravan as a residence on the site,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (1)(c)(i) or (ii) of this section.

1B References in subsection (1A) of this section to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner.

(4) In subsection (3) (penalties for offences), for the words from “be liable” onwards substitute

a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months, or to both;

b on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

(5) After subsection (4) insert—

4A In proceedings for an offence under subsection (1A) of this section it shall be a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question.

(6) The amendments made by this section do not apply in relation to any conduct occurring before the day on which this section comes into force.

(7) In the case of an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the amendment made by subsection (4) has effect as if for “12 months” there were substituted “ 6 months ”.

(1) In section 4(6) of the Caravan Sites Act 1968 (c. 52) (provision for suspension of eviction orders) for the words from “in the following cases” to the end of paragraph (b) substitute

a no site licence under Part 1 of that Act is in force in respect of the site, and

b paragraph 11 or 11A of Schedule 1 to the Caravan Sites and Control of Development Act 1960 (c. 2) does not apply;

(2) The amendment made by subsection (1) does not apply in relation to proceedings begun before the day on which this section comes into force.

(1) The appropriate national authority must make arrangements for securing that one or more tenancy deposit schemes are available for the purpose of safeguarding tenancy deposits paid in connection with shorthold tenancies.

(2) For the purposes of this Chapter a “tenancy deposit scheme” is a scheme which—

a is made for the purpose of safeguarding tenancy deposits paid in connection with shorthold tenancies and facilitating the resolution of disputes arising in connection with such deposits, and

b complies with the requirements of Schedule 10.

(3) Arrangements under subsection (1) must be arrangements made with any body or person under which the body or person (“the scheme administrator”) undertakes to establish and maintain a tenancy deposit scheme of a description specified in the arrangements.

(4) The appropriate national authority may—

a give financial assistance to the scheme administrator;

b make payments to the scheme administrator (otherwise than as financial assistance) in pursuance of arrangements under subsection (1).

(5) The appropriate national authority may, in such manner and on such terms as it thinks fit, guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with arrangements under subsection (1).

(6) Arrangements under subsection (1) must require the scheme administrator to give the appropriate national authority, in such manner and at such times as it may specify, such information and facilities for obtaining information as it may specify.

(6A) For further provision about what must be included in the arrangements, see section section 212A.

(7) The appropriate national authority may make regulations conferring or imposing—

a on scheme administrators, or

b on scheme administrators of any description specified in the regulations,

such powers or duties in connection with arrangements under subsection (1) as are so specified.

(8) In this Chapter—

“authorised”, in relation to a tenancy deposit scheme, means that the scheme is in force in accordance with arrangements under subsection (1);

“custodial scheme” and “insurance scheme” have the meaning given by paragraph 1(2) and (3) of Schedule 10);

“money” means money in the form of cash or otherwise;

“shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 (c. 50);

“tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—

a the performance of any obligations of the tenant, or

b the discharge of any liability of his,

the performance of any obligations of the tenant, or

the discharge of any liability of his,

(9) In this Chapter—

a references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies, and

b references to a tenancy deposit being held in accordance with a scheme include, in the case of a custodial scheme, references to an amount representing the deposit being held in accordance with the scheme.

(1) Arrangements under section 212(1) made by the Secretary of State must require the scheme administrator—

a to give a local housing authority in England any specified information that they request, or

b to provide facilities for the sharing of specified information with a local housing authority in England.

(2) In subsection (1) “specified information” means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area.

(3) Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee.

(4) Arrangements made by virtue of this section may include supplementary provision, for example about—

a the form or manner in which any information is to be provided,

b the time or times at which it is to be provided, and

c the notification of anyone to whom the information relates.

(5) Information obtained by a local housing authority by virtue of this section may be used only—

a for a purpose connected with the exercise of the authority's functions under any of Parts 1 to 4 in relation to any premises, or

b for the purpose of investigating whether an offence has been committed under any of those Parts in relation to any premises.

(6) Information obtained by a local housing authority by virtue of this section may be supplied to a person providing services to the authority for a purpose listed in subsection (5).

(7) The Secretary of State may by regulations amend the list of purposes in subsection (5).

(1) Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme.

(2) No person may require the payment of a tenancy deposit in connection with a shorthold tenancy which is not to be subject to the requirement in subsection (1).

(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 30 days beginning with the date on which it is received.

(4) For the purposes of this section “the initial requirements” of an authorised scheme are such requirements imposed by the scheme as fall to be complied with by a landlord on receiving such a tenancy deposit.

(5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to—

a the authorised scheme applying to the deposit,

b compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and

c the operation of provisions of this Chapter in relation to the deposit,

as may be prescribed.

(6) The information required by subsection (5) must be given to the tenant and any relevant person—

a in the prescribed form or in a form substantially to the same effect, and

b within the period of 30 days beginning with the date on which the deposit is received by the landlord.

(7) No person may, in connection with a shorthold tenancy, require a deposit which consists of property other than money.

(8) In subsection (7) “deposit” means a transfer of property intended to be held (by the landlord or otherwise) as security for—

a the performance of any obligations of the tenant, or

b the discharge of any liability of his,

arising under or in connection with the tenancy.

(9) The provisions of this section apply despite any agreement to the contrary.

(10) In this section—

“prescribed” means prescribed by an order made by the appropriate national authority;

“property” means moveable property;

“relevant person” means any person who, in accordance with arrangements made with the tenant, paid the deposit on behalf of the tenant.

(1) Where a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007 , the tenant or any relevant person (as defined by section 213(10)) may make an application to the county court on the grounds—

a that section 213(3) or (6) has not been complied with in relation to the deposit, or

b that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.

(1A) Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.

(2) Subsections (3) and (4) apply in the case of an application under subsection (1) if the tenancy has not ended and the court—

a is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or

b is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.

(2A) Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—

a is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or

b is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.

(3) The court must, as it thinks fit, either—

a order the person who appears to the court to be holding the deposit to repay it to the applicant, or

b order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme,

within the period of 14 days beginning with the date of the making of the order.

(3A) The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.

(4) The court must ... order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.

(5) Where any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7) , the property in question is recoverable from the person holding it by the person by whom it was given as a deposit.

(6) In subsection (5) “deposit” has the meaning given by section 213(8) .

(1) Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme.

(1A) Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.

(2) Subject to subsection (2A), If section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with.

(2A) Subsections (1) , (1A) and (2) do not apply in a case where—

a the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or

b an application to the county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.

(3) If any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), no section 21 notice may be given in relation to the tenancy until such time as the property in question is returned to the person by whom it was given as a deposit.

(4) In subsection (3) “deposit” has the meaning given by section 213(8).

(5) In this section a “section 21 notice” means a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).

(1) This section applies where—

a before 6 April 2007, a tenancy deposit has been received by a landlord in connection with a fixed term shorthold tenancy,

b on or after that date, a periodic shorthold tenancy is deemed to arise under section 5 of the Housing Act 1988 on the coming to an end of the fixed term tenancy,

c on the coming to an end of the fixed term tenancy, all or part of the deposit paid in connection with the fixed term tenancy is held in connection with the periodic tenancy, and

d the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy.

(2) If, on the commencement date—

a the periodic tenancy is in existence, and

b all or part of the deposit paid in connection with the fixed term tenancy continues to be held in connection with the periodic tenancy,

section 213 applies in respect of the deposit that continues to be held in connection with the periodic tenancy, and any additional deposit held in connection with that tenancy, with the modifications set out in subsection (3).

(3) The modifications are that, instead of the things referred to in section 213(3) and (5) being required to be done within the time periods set out in section 213(3) and (6)(b), those things are required to be done—

a before the end of the period of 90 days beginning with the commencement date, or

b (if earlier) before the first day after the commencement date on which a court does any of the following in respect of the periodic tenancy—

i determines an application under section 214 or decides an appeal against a determination under that section;

ii makes a determination as to whether to make an order for possession in proceedings under section 21 of the Housing Act 1988 or decides an appeal against such a determination.

(4) If, on the commencement date—

a the periodic tenancy is no longer in existence, or

b no deposit continues to be held in connection with the periodic tenancy,

the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to any deposit that was held in connection with the periodic tenancy.

(5) In this section “the commencement date” means the date on which the Deregulation Act 2015 is passed.

(1) This section applies where—

a on or after 6 April 2007, a tenancy deposit has been received by a landlord in connection with a shorthold tenancy (“the original tenancy”),

b the initial requirements of an authorised scheme have been complied with by the landlord in relation to the deposit (ignoring any requirement to take particular steps within any specified period),

c the requirements of section 213(5) and (6) (a) have been complied with by the landlord in relation to the deposit when it is held in connection with the original tenancy (ignoring any deemed compliance under section 215A(4)),

d a new shorthold tenancy comes into being on the coming to an end of the original tenancy or a tenancy that replaces the original tenancy (directly or indirectly),

e the new tenancy replaces the original tenancy (directly or indirectly), and

f when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit.

(2) In their application to the new tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to the deposit.

(3) The condition in subsection (1)(a) may be met in respect of a tenancy even if the tenancy deposit was first received in connection with an earlier tenancy (including where it was first received before 6 April 2007).

(4) For the purposes of this section, a tenancy replaces an earlier tenancy if—

a the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy, and

b the premises let under both tenancies are the same or substantially the same.

(1)In this Act “electronic communications network” means—

(a)a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description; and

(b)such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—

(i)apparatus comprised in the system;

(ii)apparatus used for the switching or routing of the signals; F1...

(iii)software and stored data[F2; and

(iv)(except for the purposes of sections 125 to 127) other resources, including network elements which are not active.]

[F3(2)In this Act “electronic communications service” means a service of any of the types specified in subsection (2A) provided by means of an electronic communications network, except so far as it is a content service.

(2A)Those types of service are—

(a)an internet access service;

(b)a number-based interpersonal communications service; and

(c)any other service consisting in, or having as its principal feature, the conveyance of signals, such as a transmission service used for machine-to-machine services or for broadcasting.

(2B)In subsection (2A)(a) “internet access service” means a service that provides access to the internet and thereby connectivity to virtually all end points of the internet, irrespective of the network technology and terminal equipment used.]

[F4(3)In this Act “associated facility” means a facility, element or service which is available for use, or has the potential to be used, in association with the use of an electronic communications network or electronic communications service (whether or not one provided by the person making the facility, element or service available) for the purpose of—

(a)making the provision of that network or service possible;

(b)making possible the provision of other services provided by means of that network or service; or

(c)supporting the provision of such other services.]

(4)In this Act—

(a)references to the provision of an electronic communications network include references to its establishment, maintenance or operation;

(b)references, where one or more persons are employed or engaged to provide the network or service under the direction or control of another person, to the person by whom an electronic communications network or electronic communications service is provided are confined to references to that other person; and

(c)references, where one or more persons are employed or engaged to make facilities available under the direction or control of another person, to the person by whom any associated facilities are made available are confined to references to that other person.

(5)Paragraphs (a) and (b) of subsection (4) apply in relation to references in subsection (1) to the provision of a transmission system as they apply in relation to references in this Act to the provision of an electronic communications network.

(6)The reference in subsection (1) to a transmission system includes a reference to a transmission system consisting of no more than a transmitter used for the conveyance of signals.

(7)In subsection (2) “a content service” means so much of any service as consists in one or both of the following—

(a)the provision of material with a view to its being comprised in signals conveyed by means of an electronic communications network;

(b)the exercise of editorial control over the contents of signals conveyed by means of a such a network.

(8)In this section references to the conveyance of signals include references to the transmission or routing of signals or of parts of signals and to the broadcasting of signals for general reception.

(9)For the purposes of this section the cases in which software and stored data are to be taken as being used for a particular purpose include cases in which they—

(a)have been installed or stored in order to be used for that purpose; and

(b)are available to be so used.

(10)In this section “signal” includes—

(a)anything comprising speech, music, sounds, visual images or communications or data of any description; and

(b)signals serving for the impartation of anything between persons, between a person and a thing or between things, or for the actuation or control of apparatus.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)A banning order must specify the length of each ban imposed by the order.

(2)A ban must last at least 12 months.

(3)A banning order may contain exceptions to a ban for some or all of the period to which the ban relates and the exceptions may be subject to conditions.

(4)A banning order may, for example, contain exceptions—

(a)to deal with cases where there are existing tenancies and the landlord does not have the power to bring them to an immediate end, or

(b)to allow letting agents to wind down current business.

Housing Act 2004 Section	Housing Act 1985 Section
Section 1	604
Section 3	Part 9
Section 5	265
Section 5	289
Section 6	289
Section 6	265
Section 7	265
Section 7	300
Section 8	268
Section 8	289
Section 9	Part 9
Section 24	584A
Section 24	584B
Section 39	308
Section 43	584A
Section 43	584B
Section 46	265
Section 46	584A
Section 46	584B
Section 47	289
Section 48	Part 9
Section 49	265
Section 50	265
Section 52	283
Section 76	347
Section 76	347B
Section 124	80
Section 180	119
Section 182	Schedule 5
Section 184	140
Section 185	155
Section 186	155B
Section 187	163
Section 188	156
Section 189	121
Section 190	143
Section 191	Schedule 3
Section 192	121
Section 193	138
Section 194	171
Section 194	138C
Section 195	35
Section 196	35
Section 197	37
Section 198	39
Section 216	Part 10 of the Housing Act 1985
Section 231A	Housing Act 1985
Section 231B	Housing Act 1985
Section 231C	Housing Act 1985
Section 231D	Housing Act 1985
Section 261	618