Housing Act 2004

114 Operation of final management orders E+W

(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.

[F1 (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) [F2 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 [F3 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.

[F4 (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 [F5 the appropriate tribunal] on an appeal made under paragraph 24 or 28 of Schedule 6.

Textual Amendments

F1 S. 114(4A)(4B) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 3 para. 8(2); S.I. 2018/393, reg. 2(b)

F2 Word in s. 114(5) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 3 para. 8(3); S.I. 2018/393, reg. 2(b)

F3 Words in s. 114(5)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 163 (with Sch. 3)

F4 S. 114(6A) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 3 para. 8(4); S.I. 2018/393, reg. 2(b)

F5 Words in s. 114(8) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 163 (with Sch. 3)

Commencement Information

I1 S. 114 wholly in force at 16.6.2006; s. 114 not in force at Royal Assent see s. 270(4)(5); s. 114 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 114 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)