Housing Act 2004 (c. 34)

SCHEDULES

SCHEDULE 4 E+W Licences under Parts 2 and 3: mandatory conditions

[F1 Time for compliance with conditions under paragraph 1A(2) and (3) E+W

Textual Amendments

F1 Sch. 4 paras. 1A-1C inserted (1.10.2018) by The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 (S.I. 2018/616), regs. 1(1), 2 (with reg. 1(2))

1B. (1) This paragraph applies in relation to an HMO in England in respect of the first licence granted on or after 1st October 2018 in relation to the HMO, regardless of whether a licence was in force in relation to the HMO immediately before that date. E+W

(2) If the local housing authority consider that, at the time the licence is granted, the licence holder is not complying with one or more of the conditions of the licence imposed pursuant to paragraph 1A(2) and (3), the authority must when granting the licence provide the licence holder with a notification specifying the condition or conditions and the period within which the licence holder is required to comply with the condition or conditions.

(3) The period specified in the notification must not exceed 18 months from the date of the notification.

(4) Within the period specified in the notification—

(a) the local housing authority may not revoke the licence for a breach (or repeated breach) of any condition of the licence specified in the notification,

(b) the licence holder does not commit an offence under section 72(3) in respect of any failure to comply with such a condition, and

(c) the local housing authority may not impose a financial penalty under section 249A on the licence holder in respect of such a failure.

(5) Sub-paragraphs (2) to (4) do not apply if, before the licence was granted, the licence holder was convicted of an offence under section 72(2) or (3) in relation to the HMO.]