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8.—(1) An application for an HMO licence is to be made to the council by the owner of the living accommodation in question.
(2) The council may grant the licence only if it is satisfied that—
(a)the occupation of the living accommodation as an HMO would not constitute a breach of planning control (see section 9);
(b)the owner of the living accommodation, and any managing agent of it, are fit and proper persons (see section 10);
(c)the proposed management arrangements for the living accommodation are satisfactory (see section 11);
(d)the granting of the licence will not result in overprovision of HMOs in the locality in which the living accommodation is situated (see section 12); and
(e)the living accommodation is fit for human habitation and—
(i)is suitable for occupation as an HMO (see section 13) by the number of persons to be specified in the licence as mentioned in section 7(3)(c), or
(ii)can be made so suitable by including conditions in the licence under section 14.
(3) Schedule 2 makes provision about the procedural requirements relating to an application for an HMO licence.
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