Search Legislation

Houses in Multiple Occupation Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

Notice regarding evidence of household

This section has no associated Explanatory Notes

5.—(1) This section applies if—

(a)it appears to a council that living accommodation is occupied by 3 or more persons, and

(b)the council believes, on reasonable grounds, that the occupants form more than two households.

(2) The council may serve a notice which—

(a)states the council’s belief mentioned in subsection (1)(b),

(b)states the grounds for that belief,

(c)invites the person on whom the notice is served to supply to the council, within the period of 28 days beginning with the date of service of the notice, evidence that the occupants form no more than two households, and

(d)informs the person of the effect of subsections (4) and (5).

(3) The notice may be served on any or all of the following (as the council considers appropriate)—

(a)any person appearing to the council to be the owner of the accommodation;

(b)any person appearing to the council to be a managing agent of the accommodation;

(c)the occupants of the accommodation.

(4) Subsection (5) applies if, after a council has served a notice under subsection (2)—

(a)no such evidence is provided within the period mentioned in subsection (2)(c), or

(b)such evidence is provided within that period, but it is not sufficient to cause the council to change its belief.

(5) Where this subsection applies—

(a)the council may serve a notice (a “household notice”) stating that the condition set out in paragraph (a) or, as the case may be, paragraph (b) of subsection (4) is met, and

(b)as from the date of service of that notice, the living accommodation is to be treated as if the occupants formed more than two households.

(6) A household notice must be served on all the persons on whom the notice under subsection (2) was served.

(7) Subsection (5)(b) ceases to apply if (whether or not as a result of an appeal under section 67) the council ceases to hold the belief mentioned in subsection (1)(b).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources