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Housing Act 2004

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Housing Act 2004 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 Housing conditions

    1. Chapter 1 Enforcement of housing standards: general

      1. New system for assessing housing conditions

        1. 1.New system for assessing housing conditions and enforcing housing standards

        2. 2.Meaning of “category 1 hazard” and “category 2 hazard”

      2. Procedure for assessing housing conditions

        1. 3.Local housing authorities to review housing conditions in their districts

        2. 4.Inspections by local housing authorities to see whether category 1 or 2 hazards exist

      3. Enforcement of housing standards

        1. 5.Category 1 hazards: general duty to take enforcement action

        2. 6.Category 1 hazards: how duty under section 5 operates in certain cases

        3. 7.Category 2 hazards: powers to take enforcement action

        4. 8.Reasons for decision to take enforcement action

        5. 9.Guidance about inspections and enforcement action

        6. 10.Consultation with fire and rescue authorities in certain cases

    2. Chapter 2 Improvement notices, prohibition orders and hazard awareness notices

      1. Improvement notices

        1. 11.Improvement notices relating to category 1 hazards: duty of authority to serve notice

        2. 12.Improvement notices relating to category 2 hazards: power of authority to serve notice

        3. 13.Contents of improvement notices

        4. 14.Suspension of improvement notices

        5. 15.Operation of improvement notices

        6. 16.Revocation and variation of improvement notices

        7. 17.Review of suspended improvement notices

        8. 18.Service of improvement notices etc. and related appeals

        9. 19.Change in person liable to comply with improvement notice

      2. Prohibition orders

        1. 20.Prohibition orders relating to category 1 hazards: duty of authority to make order

        2. 21.Prohibition orders relating to category 2 hazards: power of authority to make order

        3. 22.Contents of prohibition orders

        4. 23.Suspension of prohibition orders

        5. 24.Operation of prohibition orders

        6. 25.Revocation and variation of prohibition orders

        7. 26.Review of suspended prohibition orders

        8. 27.Service of copies of prohibition orders etc. and related appeals

      3. Hazard awareness notices

        1. 28.Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice

        2. 29.Hazard awareness notices relating to category 2 hazards: power of authority to serve notice

      4. Enforcement: improvement notices

        1. 30.Offence of failing to comply with improvement notice

        2. 31.Enforcement action by local housing authorities

      5. Enforcement: prohibition orders

        1. 32.Offence of failing to comply with prohibition order etc.

        2. 33.Recovery of possession of premises in order to comply with order

        3. 34.Power of tribunal to determine or vary lease

      6. Enforcement: improvement notices and prohibition orders

        1. 35.Power of court to order occupier or owner to allow action to be taken on premises

        2. 36.Power of court to authorise action by one owner on behalf of another

      7. Supplementary provisions

        1. 37.Effect of improvement notices and prohibition orders as local land charges

        2. 38.Savings for rights arising from breach of covenant etc.

        3. 39.Effect of Part 4 enforcement action and redevelopment proposals

    3. Chapter 3 Emergency measures

      1. Emergency remedial action

        1. 40.Emergency remedial action

        2. 41.Notice of emergency remedial action

        3. 42.Recovery of expenses of taking emergency remedial action

      2. Emergency prohibition orders

        1. 43.Emergency prohibition orders

        2. 44.Contents of emergency prohibition orders

      3. Appeals

        1. 45.Appeals relating to emergency measures

    4. Chapter 4 Demolition orders and slum clearance declarations

      1. Demolition orders

        1. 46.Demolition orders

      2. Slum clearance declarations

        1. 47.Clearance areas

      3. Appeals

        1. 48.Transfer of jurisdiction in respect of appeals relating to demolition orders etc.

    5. Chapter 5 General and miscellaneous provisions relating to enforcement action

      1. Recovery of expenses relating to enforcement action

        1. 49.Power to charge for certain enforcement action

        2. 50.Recovery of charge under section 49

      2. Repeals

        1. 51.Repeal of power to improve existing enforcement procedures

        2. 52.Repeal of provisions relating to demolition of obstructive buildings

        3. 53.Miscellaneous repeals etc. in relation to fire hazards

      3. Index

        1. 54.Index of defined expressions: Part 1

  3. Part 2 Licensing of houses in multiple occupation

    1. Introductory

      1. 55.Licensing of HMOs to which this Part applies

    2. Designation of additional licensing areas

      1. 56.Designation of areas subject to additional licensing

      2. 57.Designations under section 56: further considerations

      3. 58.Designation needs confirmation or general approval to be effective

      4. 59.Notification requirements relating to designations

      5. 60.Duration, review and revocation of designations

    3. HMOs required to be licensed

      1. 61.Requirement for HMOs to be licensed

      2. 62.Temporary exemption from licensing requirement

    4. Grant or refusal of licences

      1. 63.Applications for licences

      2. 64.Grant or refusal of licence

      3. 65.Tests as to suitability for multiple occupation

      4. 66.Tests for fitness etc. and satisfactory management arrangements

      5. 67.Licence conditions

      6. 68.Licences: general requirements and duration

    5. Variation and revocation of licences

      1. 69.Variation of licences

      2. 70.Revocation of licences

    6. Procedure and appeals

      1. 71.Procedural requirements and appeals against licence decisions

    7. Enforcement

      1. 72.Offences in relation to licensing of HMOs

      2. 73.Other consequences of operating unlicensed HMOs: rent repayment orders

      3. 74.Further provisions about rent repayment orders

      4. 75.Other consequences of operating unlicensed HMOs: restriction on terminating tenancies

    8. Supplementary provisions

      1. 76.Transitional arrangements relating to introduction and termination of licensing

      2. 77.Meaning of “HMO”

      3. 78.Index of defined expressions: Part 2

  4. Part 3 Selective licensing of other residential accommodation

    1. Introductory

      1. 79.Licensing of houses to which this Part applies

    2. Designation of selective licensing areas

      1. 80.Designation of selective licensing areas

      2. 81.Designations under section 80: further considerations

      3. 82.Designation needs confirmation or general approval to be effective

      4. 83.Notification requirements relating to designations

      5. 84.Duration, review and revocation of designations

    3. Houses required to be licensed

      1. 85.Requirement for Part 3 houses to be licensed

      2. 86.Temporary exemption from licensing requirement

    4. Grant or refusal of licences

      1. 87.Applications for licences

      2. 88.Grant or refusal of licence

      3. 89.Tests for fitness etc. and satisfactory management arrangements

      4. 90.Licence conditions

      5. 91.Licences: general requirements and duration

    5. Variation and revocation of licences

      1. 92.Variation of licences

      2. 93.Revocation of licences

    6. Procedure and appeals

      1. 94.Procedural requirements and appeals against licence decisions

    7. Enforcement

      1. 95.Offences in relation to licensing of houses under this Part

      2. 96.Other consequences of operating unlicensed houses: rent repayment orders

      3. 97.Further provisions about rent repayment orders

      4. 98.Other consequences of operating unlicensed houses: restriction on terminating tenancies

    8. Supplementary provisions

      1. 99.Meaning of “house” etc.

      2. 100.Index of defined expressions: Part 3

  5. Part 4 Additional control provisions in relation to residential accommodation

    1. Chapter 1 Interim and final management orders

      1. Introductory

        1. 101.Interim and final management orders: introductory

      2. Interim management orders: making and operation of orders

        1. 102.Making of interim management orders

        2. 103.Special interim management orders

        3. 104.The health and safety condition

        4. 105.Operation of interim management orders

        5. 106.Local housing authority’s duties once interim management order in force

        6. 107.General effect of interim management orders

        7. 108.General effect of interim management orders: leases and licences granted by authority

        8. 109.General effect of interim management orders: immediate landlords, mortgagees etc.

        9. 110.Financial arrangements while order is in force

      3. Interim management orders: variation and revocation

        1. 111.Variation of interim management orders

        2. 112.Revocation of interim management orders

      4. Final management orders: making and operation of orders

        1. 113.Making of final management orders

        2. 114.Operation of final management orders

        3. 115.Local housing authority’s duties once final management order in force

        4. 116.General effect of final management orders

        5. 117.General effect of final management orders: leases and licences granted by authority

        6. 118.General effect of final management orders: immediate landlords, mortgagees etc.

        7. 119.Management schemes and accounts

        8. 120.Enforcement of management scheme by relevant landlord

      5. Final management orders: variation and revocation

        1. 121.Variation of final management orders

        2. 122.Revocation of final management orders

      6. Interim and final management orders: procedure and appeals

        1. 123.Procedural requirements and appeals

      7. Interim and final management orders: other general provisions

        1. 124.Effect of management orders: occupiers

        2. 125.Effect of management orders: agreements and legal proceedings

        3. 126.Effect of management orders: furniture

        4. 127.Management orders: power to supply furniture

        5. 128.Compensation payable to third parties

        6. 129.Termination of management orders: financial arrangements

        7. 130.Termination of management orders: leases, agreements and proceedings

        8. 131.Management orders: power of entry to carry out work

    2. Chapter 2 Interim and final empty dwelling management orders

      1. Introductory

        1. 132.Empty dwelling management orders: introductory

      2. Interim empty dwelling management orders

        1. 133.Making of interim EDMOs

        2. 134.Authorisation to make interim EDMOs

        3. 135.Local housing authority’s duties once interim EDMO in force

      3. Final empty dwelling management orders

        1. 136.Making of final EDMOs

        2. 137.Local housing authority’s duties once final EDMO in force

      4. Compensation

        1. 138.Compensation payable to third parties

    3. Chapter 3 Overcrowding notices

      1. 139.Service of overcrowding notices

      2. 140.Contents of overcrowding notices

      3. 141.Requirement as to overcrowding generally

      4. 142.Requirement as to new residents

      5. 143.Appeals against overcrowding notices

      6. 144.Revocation and variation of overcrowding notices

    4. Chapter 4 Supplementary provisions

      1. 145.Supplementary provisions

      2. 146.Interpretation and modification of this Part

      3. 147.Index of defined expressions: Part 4

  6. Part 5 Home information packs

    1. Preliminary

      1. 148.Meaning of “residential property” and “home information pack”

      2. 149.Meaning of “on the market” and related expressions

      3. 150.Acting as estate agent

    2. Responsibility for marketing residential properties

      1. 151.Responsibility for marketing: general

      2. 152.Responsibility of person acting as estate agent

      3. 153.Responsibility of the seller

    3. Duties of a responsible person where a property is on the market

      1. 154.Application of sections 155 to 158

      2. 155.Duty to have a home information pack

      3. 156.Duty to provide copy of home information pack on request

      4. 157.Section 156 (1) duty: imposition of conditions

      5. 158.Duty to ensure authenticity of documents in other situations

    4. Other duties of person acting as estate agent

      1. 159.Other duties of person acting as estate agent

    5. Exceptions from the duties

      1. 160.Residential properties not available with vacant possession

      2. 161.Power to provide for further exceptions

      3. 162.Suspension of duties under sections 155 to 159

    6. Contents of home information packs

      1. 163.Contents of home information packs

      2. 164.Home condition reports

    7. Register of home condition reports

      1. 165.Register of home condition reports

    8. Enforcement

      1. 166.Enforcement authorities

      2. 167.Power to require production of home information packs

      3. 168.Penalty charge notices

      4. 169.Offences relating to enforcement officers

      5. 170.Right of private action

    9. Supplementary

      1. 171.Application of Part to sub-divided buildings

      2. 172.Power to require estate agents to belong to a redress scheme

      3. 173.Approval of redress schemes

      4. 174.Withdrawal of approval of redress schemes

      5. 175.Office of Fair Trading

      6. 176.Grants

      7. 177.Interpretation of Part 5

      8. 178.Index of defined expressions: Part 5

  7. Part 6 Other provisions about housing

    1. Chapter 1 Secure tenancies

      1. Introductory tenancies

        1. 179.Extension of introductory tenancies

      2. Right to buy: when exercisable

        1. 180.Extension of qualifying period for right to buy

        2. 181.Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

        3. 182.Exceptions to the right to buy: houses due to be demolished

        4. 183.Right to buy: claim suspended or terminated by demolition notice

        5. 184.Landlord’s notice to complete

      3. Right to buy: discounts

        1. 185.Repayment of discount: periods and amounts applicable

        2. 186.Repayment of discount: increase attributable to home improvements to be disregarded

        3. 187.Deferred resale agreements

      4. Right to buy: landlord’s right of first refusal

        1. 188.Right of first refusal for landlord etc.

      5. Right to buy: information

        1. 189.sInformation to help tenants decide whether to exercise right to buy etc.

      6. Right to buy: termination of rent to mortgage scheme

        1. 190.Termination of rent to mortgage scheme

      7. Suspension of certain rights in connection with anti-social behaviour

        1. 191.Secure tenancies: withholding of consent to mutual exchange

        2. 192.Right to buy: suspension by court order

        3. 193.Right to buy: suspension of landlord’s obligation to complete

        4. 194.Disclosure of information as to orders etc. in respect of anti-social behaviour

    2. Chapter 2 Disposals attracting discounts other than under right to buy

      1. Disposals by local authorities

        1. 195.Repayment of discount: periods and amounts applicable

        2. 196.Repayment of discount: increase attributable to home improvements to be disregarded

        3. 197.Local authority’s right of first refusal

        4. 198.Deferred resale agreements

      2. Disposals by registered social landlords

        1. 199.Repayment of discount: periods and amounts payable

        2. 200.Registered social landlord’s right of first refusal

        3. 201.Deferred resale agreements

        4. 202.Right of assured tenant to acquire dwelling not affected by collective enfranchisement

      3. Disposals by housing action trusts

        1. 203.Repayment of discount: periods and amounts payable

        2. 204.Housing action trust’s right of first refusal

        3. 205.Deferred resale agreements

    3. Chapter 3 Mobile Homes

      1. Site agreements

        1. 206.Particulars of site agreements to be given in advance

        2. 207.Implied terms relating to termination of agreements or disposal of mobile homes

        3. 208.Power to amend terms implied in site agreements

      2. Protection from eviction etc.

        1. 209.Protected sites to include sites for gypsies

        2. 210.Extension of protection from harassment for occupiers of mobile homes

        3. 211.Suspension of eviction orders

    4. Chapter 4 Tenancy deposit schemes

      1. 212.Tenancy deposit schemes

      2. 213.Requirements relating to tenancy deposits

      3. 214.Proceedings relating to tenancy deposits

      4. 215.Sanctions for non-compliance

    5. Chapter 5 Miscellaneous

      1. Overcrowding

        1. 216.Overcrowding

      2. Energy efficiency

        1. 217.Energy efficiency of residential accommodation: England

      3. Registered social landlords

        1. 218.Amendments relating to registered social landlords

        2. 219.Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998

      4. Other provisions relating to social housing

        1. 220.Additional power to give grants for social housing

        2. 221.Extension of right to acquire

        3. 222.Rights of pre-emption in connection with assured tenancies

        4. 223.Allocation of housing accommodation by local authorities

      5. Disabled facilities grant

        1. 224.Disabled facilities grant: caravans

      6. Accommodation needs of gypsies and travellers

        1. 225.Duties of local housing authorities: accommodation needs of gypsies and travellers

        2. 226.Guidance in relation to section 225

      7. Annual reports by local housing authorities

        1. 227.Removal of duty on local housing authorities to send annual reports to tenants etc.

      8. Social Housing Ombudsman for Wales

        1. 228.Social Housing Ombudsman for Wales

  8. Part 7 Supplementary and final provisions

    1. Residential property tribunals

      1. 229.Residential property tribunals

      2. 230.Powers and procedure of residential property tribunals

      3. 231.Appeals from residential property tribunals

    2. Register of licences and management orders

      1. 232.Register of licences and management orders

    3. Codes of practice and management regulations relating to HMOs etc.

      1. 233.Approval of codes of practice with regard to the management of HMOs etc.

      2. 234.Management regulations in respect of HMOs

    4. Information provisions

      1. 235.Power to require documents to be produced

      2. 236.Enforcement of powers to obtain information

      3. 237.Use of information obtained for certain other statutory purposes

      4. 238.False or misleading information

    5. Enforcement

      1. 239.Powers of entry

      2. 240.Warrant to authorise entry

      3. 241.Penalty for obstruction

      4. 242.Additional notice requirements for protection of owners

    6. Authorisations

      1. 243.Authorisations for enforcement purposes etc.

    7. Documents

      1. 244.Power to prescribe forms

      2. 245.Power to dispense with notices

      3. 246.Service of documents

      4. 247.Licences and other documents in electronic form

      5. 248.Timing and location of things done electronically

      6. 249.Proof of designations

    8. Other supplementary provisions

      1. 250.Orders and regulations

      2. 251.Offences by bodies corporate

      3. 252.Power to up-rate level of fines for certain offences

      4. 253.Local inquiries

    9. Meaning of “house in multiple occupation”

      1. 254.Meaning of “house in multiple occupation”

      2. 255.HMO declarations

      3. 256.Revocation of HMO declarations

      4. 257.HMOs: certain converted blocks of flats

      5. 258.HMOs: persons not forming a single household

      6. 259.HMOs: persons treated as occupying premises as only or main residence

      7. 260.HMOs: presumption that sole use condition or significant use condition is met

    10. Other general interpretation provisions

      1. 261.Meaning of “appropriate national authority”, “local housing authority” etc.

      2. 262.Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

      3. 263.Meaning of “person having control” and “person managing” etc.

      4. 264.Calculation of numbers of persons

    11. Final provisions

      1. 265.Minor and consequential amendments

      2. 266.Repeals

      3. 267.Devolution: Wales

      4. 268.The Isles of Scilly

      5. 269.Expenses

      6. 270.Short title, commencement and extent

  9. SCHEDULES

    1. SCHEDULE 1

      Procedure and appeals relating to improvement notices

      1. Part 1 Service of improvement notices

        1. Service of improvement notices: premises licensed under Part 2 or 3

          1. 1.(1) This paragraph applies where the specified premises in the...

        2. Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats

          1. 2.(1) This paragraph applies where the specified premises in the...

        3. Service of improvement notices: flats which are not licensed under Part 2 or 3

          1. 3.(1) This paragraph applies where any specified premises in the...

        4. Service of improvement notices: common parts

          1. 4.(1) This paragraph applies where any specified premises in the...

        5. Service of copies of improvement notices

          1. 5.(1) In addition to serving an improvement notice in accordance...

      2. Part 2 Service of notices relating to revocation or variation of improvement notices

        1. Notice of revocation or variation

          1. 6.(1) This paragraph applies where the local housing authority decide...

          2. 7.A notice under paragraph 6 must set out—

        2. Notice of refusal to revoke or vary notice

          1. 8.(1) This paragraph applies where the local housing authority refuse...

          2. 9.A notice under paragraph 8 must set out—

      3. Part 3 Appeals relating to improvement notices

        1. Appeal against improvement notice

          1. 10.(1) The person on whom an improvement notice is served...

          2. 11.(1) An appeal may be made by a person under...

          3. 12.(1) An appeal may be made by a person under...

        2. Appeal against decision relating to variation or revocation of improvement notice

          1. 13.(1) The relevant person may appeal to a residential property...

        3. Time limit for appeal

          1. 14.(1) Any appeal under paragraph 10 must be made within...

        4. Powers of residential property tribunal on appeal under paragraph 10

          1. 15.(1) This paragraph applies to an appeal to a residential...

          2. 16.(1) This paragraph applies where the grounds of appeal consist...

          3. 17.(1) This paragraph applies where the grounds of appeal consist...

        5. Powers of residential property tribunal on appeal under paragraph 13

          1. 18.(1) This paragraph applies to an appeal to a residential...

        6. “The operative time” for the purposes of section 15(5)

          1. 19.(1) This paragraph defines “the operative time” for the purposes...

        7. “The operative time” for the purposes of section 16(7)

          1. 20.(1) This paragraph defines “the operative time” for the purposes...

    2. SCHEDULE 2

      Procedure and appeals relating to prohibition orders

      1. Part 1 Service of copies of prohibition orders

        1. Service on owners and occupiers of dwelling or HMO which is not a flat

          1. 1.(1) This paragraph applies to a prohibition order where the...

        2. Service on owners and occupiers of building containing flats etc.

          1. 2.(1) This paragraph applies to a prohibition order where the...

      2. Part 2 Service of notices relating to revocation or variation of prohibition orders

        1. Notice of revocation or variation

          1. 3.(1) This paragraph applies where the local housing authority decide...

          2. 4.A notice under paragraph 3 must set out—

        2. Notice of refusal to revoke or vary order

          1. 5.(1) This paragraph applies where the local housing authority refuse...

          2. 6.A notice under paragraph 5 must set out—

      3. Part 3 Appeals relating to prohibition orders

        1. Appeal against prohibition order

          1. 7.(1) A relevant person may appeal to a residential property...

          2. 8.(1) An appeal may be made by a person under...

        2. Appeal against decision relating to revocation or variation of prohibition order

          1. 9.A relevant person may appeal to a residential property tribunal...

        3. Time limit for appeal

          1. 10.(1) Any appeal under paragraph 7 must be made within...

        4. Powers of residential property tribunal on appeal under paragraph 7

          1. 11.(1) This paragraph applies to an appeal to a residential...

          2. 12.(1) This paragraph applies where the grounds of appeal consist...

        5. Powers of residential property tribunal on appeal under paragraph 9

          1. 13.(1) This paragraph applies to an appeal to a residential...

        6. “The operative time” for the purposes of section 24(5)

          1. 14.(1) This paragraph defines “the operative time” for the purposes...

        7. “The operative time” for the purposes of section 25(7)

          1. 15.(1) This paragraph defines “the operative time” for the purposes...

        8. Meaning of “relevant person”

          1. 16.(1) In this Part of this Schedule “relevant person”, in...

    3. SCHEDULE 3

      Improvement notices: enforcement action by local housing authorities

      1. Part 1 Action taken by agreement

        1. Power to take action by agreement

          1. 1.(1) The local housing authority may, by agreement with the...

        2. Expenses of taking action by agreement

          1. 2.Any action taken by the local housing authority under paragraph...

      2. Part 2 Power to take action without agreement

        1. Power to take action without agreement

          1. 3.(1) The local housing authority may themselves take the action...

        2. Notice requirements in relation to taking action without agreement

          1. 4.(1) The local housing authority must serve a notice under...

        3. Obstruction of action taken without agreement

          1. 5.(1) If, at any relevant time— (a) the person on...

        4. Expenses in relation to taking action without agreement

          1. 6.(1) Part 3 of this Schedule applies with respect to...

      3. Part 3 Recovery of certain expenses

        1. Introductory

          1. 7.This Part of this Schedule applies for the purpose of...

        2. Recovery of expenses

          1. 8.(1) The expenses are recoverable by the local housing authority...

        3. Service of demand

          1. 9.(1) A demand for expenses recoverable under paragraph 8, together...

        4. Interest

          1. 10.Expenses in respect of which a demand is served carry...

        5. Appeals

          1. 11.(1) A person on whom a demand for the recovery...

        6. Expenses and interest recoverable from occupiers

          1. 12.(1) Where a demand becomes operative by virtue of paragraph...

        7. Expenses and interest to be a charge on the premises

          1. 13.(1) Until recovered, the expenses recoverable by the local housing...

        8. Recovery of expenses and interest from other persons profiting from taking of action

          1. 14.(1) Sub-paragraph (2) applies if, on an application to a...

    4. SCHEDULE 4

      Licences under Parts 2 and 3: mandatory conditions

      1. Conditions to be included in licences under Part 2 or 3

        1. 1.(1) A licence under Part 2 or 3 must include...

      2. Additional conditions to be included in licences under Part 3

        1. 2.A licence under Part 3 must include conditions requiring the...

      3. Power to prescribe conditions

        1. 3.The appropriate national authority may by regulations amend this Schedule...

      4. Interpretation

        1. 4.In this Schedule “the house” means the HMO or Part...

    5. SCHEDULE 5

      Licences under Parts 2 and 3: procedure and appeals

      1. Part 1 Procedure relating to grant or refusal of licences

        1. Requirements before grant of licence

          1. 1.Before granting a licence, the local housing authority must—

          2. 2.The notice under paragraph 1 must state that the authority...

          3. 3.(1) This paragraph applies if, having considered representations made in...

          4. 4.The notice under paragraph 3 must set out—

        2. Requirements before refusal to grant licence

          1. 5.Before refusing to grant a licence, the local housing authority...

          2. 6.The notice under paragraph 5 must state that the local...

        3. Requirements following grant or refusal of licence

          1. 7.(1) This paragraph applies where the local housing authority decide...

          2. 8.(1) This paragraph applies where the local housing authority refuse...

        4. Exceptions from requirements in relation to grant or refusal of licences

          1. 9.The requirements of paragraph 3 (and those of paragraph 1)...

          2. 10.The requirements of paragraph 3 (and those of paragraph 1)...

          3. 11.Paragraphs 5, 6 and 8 do not apply to a...

        5. Meaning of “the end of the consultation period”

          1. 12.(1) In this Part of this Schedule “the end of...

        6. Meaning of “licence” and “relevant person”

          1. 13.(1) In this Part of this Schedule “licence” means a...

      2. Part 2 Procedure relating to variation or revocation of licences

        1. Variation of licences

          1. 14.Before varying a licence, the local housing authority must—

          2. 15.The notice under paragraph 14 must state that the local...

          3. 16.(1) This paragraph applies where the local housing authority decide...

        2. Exceptions from requirements of paragraph 14

          1. 17.The requirements of paragraph 14 do not apply if—

          2. 18.The requirements of paragraph 14 do not apply if the...

        3. Refusal to vary a licence

          1. 19.Before refusing to vary a licence, the local housing authority...

          2. 20.The notice under paragraph 19 must state that the authority...

          3. 21.(1) This paragraph applies where the local housing authority refuse...

        4. Revocation of licences

          1. 22.Before revoking a licence, the local housing authority must—

          2. 23.The notice under paragraph 22 must state that the authority...

          3. 24.(1) This paragraph applies where the local housing authority decide...

        5. Exception from requirements of paragraph 22

          1. 25.The requirements of paragraph 22 do not apply if the...

        6. Refusal to revoke a licence

          1. 26.Before refusing to revoke a licence, the local housing authority...

          2. 27.The notice under paragraph 26 must state that the authority...

          3. 28.(1) This paragraph applies where the local housing authority refuse...

        7. Meaning of “the end of the consultation period”

          1. 29.(1) In this Part of this Schedule “the end of...

        8. Meaning of “licence” and “relevant person”

          1. 30.(1) In this Part of this Schedule “licence” means a...

      3. Part 3 Appeals against licence decisions

        1. Right to appeal against refusal or grant of licence

          1. 31.(1) The applicant or any relevant person may appeal to...

        2. Right to appeal against decision or refusal to vary or revoke licence

          1. 32.(1) The licence holder or any relevant person may appeal...

        3. Time limits for appeals

          1. 33.(1) Any appeal under paragraph 31 against a decision to...

        4. Powers of residential property tribunal hearing appeal

          1. 34.(1) This paragraph applies to appeals to a residential property...

        5. “The operative time” for the purposes of section 69(6), 70(8), 92(3) or 93(5)

          1. 35.(1) This paragraph defines “the operative time” for the purposes...

        6. Meaning of “licence” and “relevant person”

          1. 36.(1) In this Part of this Schedule “licence” means a...

    6. SCHEDULE 6

      Management orders: procedure and appeals

      1. Part 1 Procedure relating to making of management orders

        1. Requirements before making final management order

          1. 1.Before making a final management order, the local housing authority...

          2. 2.The notice under paragraph 1 must state that the authority...

          3. 3.(1) This paragraph applies if, having considered representations made in...

          4. 4.The notice under paragraph 3 must set out—

        2. Exceptions from requirements relating to making of final management order

          1. 5.The requirements of paragraph 3 (and those of paragraph 1)...

          2. 6.The requirements of paragraph 3 (and those of paragraph 1)...

        3. Requirements following making of interim or final management order

          1. 7.(1) This paragraph applies where the local housing authority make...

        4. Meaning of “the end of the consultation period” and “relevant person”

          1. 8.(1) In this Part of this Schedule “the end of...

      2. Part 2 Procedure relating to variation or revocation of management orders

        1. Variation of management orders

          1. 9.Before varying an interim or final management order, the local...

          2. 10.The notice under paragraph 9 must state that the authority...

          3. 11.(1) This paragraph applies where the local housing authority decide...

        2. Exceptions from requirements of paragraph 9

          1. 12.The requirements of paragraph 9 do not apply if the...

          2. 13.The requirements of paragraph 9 do not apply if the...

        3. Refusal to vary interim or final management order

          1. 14.Before refusing to vary an interim or final management order,...

          2. 15.The notice under paragraph 14 must state that the authority...

          3. 16.(1) This paragraph applies where the local housing authority refuse...

        4. Revocation of management orders

          1. 17.Before revoking an interim or final management order, the local...

          2. 18.The notice under paragraph 17 must state that the authority...

          3. 19.(1) This paragraph applies where the local housing authority decide...

        5. Refusal to revoke management order

          1. 20.Before refusing to revoke an interim or final management order,...

          2. 21.The notice under paragraph 20 must state that the authority...

          3. 22.(1) This paragraph applies where the local housing authority refuse...

        6. Meaning of “the end of the consultation period” and “relevant person”

          1. 23.(1) In this Part of this Schedule “the end of...

      3. Part 3 Appeals against decisions relating to management orders

        1. Right to appeal against making of order etc.

          1. 24.(1) A relevant person may appeal to a residential property...

        2. Time limits for appeals under paragraph 24

          1. 25.(1) This paragraph applies in relation to an appeal under...

        3. Powers of residential property tribunal on appeal under paragraph 24

          1. 26.(1) This paragraph applies to an appeal to a residential...

        4. “The operative time” for the purposes of section 114(2)

          1. 27.(1) This paragraph defines “the operative time” for the purposes...

        5. Right to appeal against decision or refusal to vary or revoke interim management order

          1. 28.A relevant person may appeal to a residential property tribunal...

        6. Time limits for appeals under paragraph 28

          1. 29.(1) This paragraph applies in relation to an appeal under...

        7. Powers of residential property tribunal on appeal under paragraph 28

          1. 30.(1) This paragraph applies to an appeal to a residential...

        8. “The operative time” for the purposes of section 111(2), 112(2), 121(2) or 122(2)

          1. 31.(1) This paragraph defines “the operative time” for the purposes...

        9. Right to appeal against decision in respect of compensation payable to third parties

          1. 32.(1) This paragraph applies where a local housing authority have...

        10. Time limits for appeals under paragraph 32

          1. 33.(1) This paragraph applies in relation to an appeal under...

        11. Powers of residential property tribunal on appeal under paragraph 32

          1. 34.(1) This paragraph applies in relation to an appeal under...

        12. Meaning of “relevant person”

          1. 35.In this Part of this Schedule “relevant person” means—

    7. SCHEDULE 7

      Further provisions regarding empty dwelling management orders

      1. Part 1 Interim EDMOs

        1. Operation of interim EDMOs

          1. 1.(1) This paragraph deals with the time when an interim...

        2. General effect of interim EDMOs

          1. 2.(1) This paragraph applies while an interim EDMO is in...

        3. General effect of interim EDMOs: leases and licences granted by authority

          1. 3.(1) This paragraph applies in relation to any interest or...

        4. General effect of interim EDMOs: relevant proprietor, mortgagees etc.

          1. 4.(1) This paragraph applies in relation to—

        5. Financial arrangements while order is in force

          1. 5.(1) This paragraph applies to relevant expenditure of a local...

        6. Variation or revocation of interim EDMOs

          1. 6.(1) The local housing authority may vary an interim EDMO...

          2. 7.(1) The local housing authority may revoke an interim EDMO...

          3. 8.(1) Part 2 of Schedule 6 applies in relation to...

      2. Part 2 Final EDMOs

        1. Operation of final EDMOs

          1. 9.(1) This paragraph deals with the time when a final...

        2. General effect of final EDMOs

          1. 10.(1) This paragraph applies while a final EDMO is in...

        3. General effect of final EDMOs: leases and licences granted by authority

          1. 11.(1) This paragraph applies in relation to any interest or...

        4. General effect of final EDMOs: relevant proprietor, mortgagees etc.

          1. 12.(1) This paragraph applies in relation to—

        5. Management scheme and accounts

          1. 13.(1) A final EDMO must contain a management scheme.

        6. Application to residential property tribunal in respect of breach of management scheme

          1. 14.(1) An affected person may apply to a residential property...

        7. Variation or revocation of final EDMOs

          1. 15.(1) The local housing authority may vary a final EDMO...

          2. 16.(1) The local housing authority may revoke a final EDMO...

          3. 17.(1) Part 2 of Schedule 6 applies in relation to...

      3. Part 3 Interim and final EDMOs: general provisions (other than provisions relating to appeals)

        1. Effect of EDMOs: persons occupying or having a right to occupy the dwelling

          1. 18.(1) This paragraph applies to existing and new occupiers of...

        2. Effect of EDMOs: agreements and legal proceedings

          1. 19.(1) An agreement or instrument within sub-paragraph (2) has effect,...

        3. Effect of EDMOs: furniture

          1. 20.(1) Sub-paragraph (2) applies where, on the date on which...

        4. EDMOs: power to supply furniture

          1. 21.(1) The local housing authority may supply the dwelling to...

        5. Power of a residential property tribunal to determine certain leases and licences

          1. 22.(1) A residential property tribunal may make an order determining...

        6. Termination of EDMOs: financial arrangements

          1. 23.(1) This paragraph applies where an interim EDMO or final...

        7. Termination of EDMOs: leases, agreements and proceedings

          1. 24.(1) This paragraph applies where— (a) an interim EDMO or...

        8. EDMOs: power of entry to carry out work

          1. 25.(1) The right mentioned in sub-paragraph (2) is exercisable by...

      4. Part 4 Appeals

        1. Appeals: decisions relating to EDMOs

          1. 26.(1) A relevant person may appeal to a residential property...

        2. Appeals: time limits for appeals under paragraph 26

          1. 27.(1) This paragraph applies in relation to an appeal under...

        3. Appeals: powers of residential property tribunal on appeal under paragraph 26

          1. 28.(1) This paragraph applies to an appeal to a residential...

        4. “The operative time” for the purposes of paragraph 9(2)

          1. 29.(1) This paragraph defines “the operative time” for the purposes...

        5. Right to appeal against decision or refusal to vary or revoke EDMO

          1. 30.A relevant person may appeal to a residential property tribunal...

        6. Time limits for appeals under paragraph 30

          1. 31.(1) This paragraph applies in relation to an appeal under...

        7. Powers of residential property tribunal on appeal under paragraph 30

          1. 32.(1) This paragraph applies to an appeal to a residential...

        8. “The operative time” for the purposes of paragraphs 6, 7, 15 and 16

          1. 33.(1) This paragraph defines “the operative time” for the purposes...

        9. Right to appeal against decision in respect of compensation payable to third parties

          1. 34.(1) This paragraph applies where a local housing authority have...

        10. Time limits for appeals under paragraph 34

          1. 35.(1) This paragraph applies in relation to an appeal under...

        11. Powers of residential property tribunal on appeal under paragraph 34

          1. 36.(1) This paragraph applies in relation to an appeal under...

        12. Meaning of “relevant person” for the purposes of this Part

          1. 37.In this Part of this Schedule “relevant person” means any...

    8. SCHEDULE 8

      Penalty charge notices under section 168

      1. ....A penalty charge notice given to a person under section...

      2. ....The penalty charge specified in the notice shall be of...

      3. ....(1) The period specified under paragraph 1(c) must not be...

      4. ....The enforcement authority may, if they consider that the penalty...

      5. ....(1) If, within the period specified under paragraph 1(c) (or...

      6. ....(1) If after a review the penalty charge notice is...

      7. ....If the penalty charge notice is withdrawn or quashed, the...

      8. ....(1) The amount of the penalty charge is recoverable from...

      9. ....In proceedings for the recovery of the penalty charge, a...

      10. ....(1) A penalty charge notice and any other notice mentioned...

      11. ....The Secretary of State may by regulations make provision supplementary...

    9. SCHEDULE 9

      New Schedule 5A to the Housing Act 1985: initial demolition notices

    10. SCHEDULE 10

      Provisions relating to tenancy deposit schemes

      1. Schemes to be custodial schemes or insurance schemes

        1. 1.(1) A tenancy deposit scheme must be either—

      2. Provisions applying to custodial and insurance schemes

        1. 2.(1) A custodial scheme must conform with the following provisions—...

      3. Custodial Schemes:general

        1. 3.(1) This paragraph applies to a custodial scheme.

      4. Custodial schemes: termination of tenancies

        1. 4.(1) A custodial scheme must make provision—

      5. Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant

        1. 4A.(1) The provision made by a custodial scheme for the...

        2. 4B.(1) The provision made by a custodial scheme for the...

        3. 4C.(1) Immediately upon receipt of— (a) a duly completed application...

      6. Insurance schemes: general

        1. 5.(1) This paragraph applies to an insurance scheme.

      7. Requirements where deposit is to cease to be retained under an insurance scheme

        1. 5A.(1) This paragraph applies in relation to—

      8. Insurance schemes: termination of tenancies

        1. 6.(1) An insurance scheme must make provision in accordance with...

      9. Notice to be sent to landlord when a direction under paragraph 6(3) is given

        1. 6A.(1) This paragraph applies where the scheme administrator of an...

      10. Insurance schemes – supplementary provisions

        1. 7.(1) The designated account held by the scheme administrator must...

        2. 8.(1) The scheme must make provision for preventing double recovery...

      11. Notifications to tenants

        1. 9.(1) Every custodial scheme or insurance scheme must provide for...

      12. Dispute resolution procedures

        1. 10.(1) Every custodial scheme or insurance scheme must provide for...

      13. Service of documents: general

        1. 10A.A tenancy deposit scheme may make provision as to the...

      14. Service of documents by scheme administrator on landlords

        1. 10B.(1) The provision made by a tenancy deposit scheme under...

      15. Service of documents by scheme administrator on tenants

      16. 10C.(1) The provision made by a tenancy deposit scheme under...

      17. Power to amend

        1. 11.The appropriate national authority may by order make such amendments...

      18. Interpretation

        1. 12.In this Schedule references to tenants under shorthold tenancies include...

    11. SCHEDULE 11

      Registered social landlords

      1. Housing Associations Act 1985 (c. 69)

        1. 1.In section 87 of the Housing Associations Act 1985 (financial...

      2. Housing Act 1988 (c. 50)

        1. 2.The Housing Act 1988 is amended as follows.

        2. 3.In section 50(2) (housing association grants) omit the words from...

        3. 4.In section 52(2) (recovery etc. of grants) omit the words...

        4. 5.Omit section 55 (surplus rental income).

        5. 6.In section 59(1A) (interpretation) for “55” substitute “ 54 ”....

      3. Housing Act 1996 (c. 52)

        1. 7.The Housing Act 1996 is amended as follows.

        2. 8.In section 18(2) (social housing grants) omit the words from...

        3. 9.In section 20(3) (purchase grant where right to acquire exercised)...

        4. 10.In section 21(3) (purchase grant in respect of other disposals)...

        5. 11.In section 28 (grants under sections 50 to 55 of...

        6. 12.(1) In section 31(2) (offence of intentionally altering etc. document...

        7. 13.(1) Section 36 (issue of guidance by the Relevant Authority)...

        8. 14.In paragraph 1(2) of Schedule 1 (payments by way of...

        9. 15.(1) Paragraph 15 of Schedule 1 (transfer of net assets...

        10. 16.After paragraph 15 insert— Transfer of net assets on termination...

        11. 17.(1) Paragraph 16 of Schedule 1 (general requirements as to...

        12. 18.After paragraph 16 of Schedule 1 insert— Companies exempt from...

        13. 19.For paragraph 17 of Schedule 1 (appointment of auditors by...

        14. 20.(1) Paragraph 18 of Schedule 1 (accounting and audit requirements...

        15. 21.After paragraph 18 of Schedule 1 insert— Charities exempt from...

        16. 22.(1) Paragraph 19 of Schedule 1 (responsibility for securing compliance...

        17. 23.After paragraph 19 of Schedule 1 insert— Disclosure of information...

        18. 24.(1) Paragraph 20 of Schedule 1 (inquiry into affairs of...

        19. 25.After paragraph 20 of Schedule 1 insert— Evidence (1) For the purposes of an inquiry the person or...

        20. 26.(1) Paragraph 21 of Schedule 1 (power of appointed person...

    12. SCHEDULE 12

      New Schedule 2A to the Housing Act 1996

      1. . . . . . . . . . ....

    13. SCHEDULE 13

      Residential property tribunals: procedure

      1. Procedure regulations

        1. 1.(1) The appropriate national authority may make regulations about the...

      2. Applications and appeals

        1. 2.(1) Procedure regulations may include provision, in relation to applications...

      3. Transfers

        1. 3.(1) This paragraph applies where, in any proceedings before a...

      4. Parties etc.

        1. 4.(1) Procedure regulations may include provision enabling persons to be...

      5. Information

        1. 5.(1) Procedure regulations may include— (a) provision relating to the...

      6. Pre-trial reviews etc.

        1. 6.(1) Procedure regulations may include provision for the holding of...

      7. Interim orders

        1. 7.Procedure regulations may include provision empowering tribunals to make orders,...

      8. Additional relief

        1. 8.(1) Procedure regulations may include provision as to—

      9. Dismissal

        1. 9.Procedure regulations may include provision empowering tribunals to dismiss applications,...

      10. Determination without hearing

        1. 10.(1) Procedure regulations may include provision for the determination of...

      11. Fees

        1. 11.(1) Procedure regulations may include provision requiring the payment of...

      12. Costs

        1. 12.(1) A tribunal may determine that a party to proceedings...

      13. Enforcement

        1. 13.Procedure regulations may provide for decisions of tribunals to be...

    14. SCHEDULE 14

      Buildings which are not HMOs for purposes of this Act (excluding Part 1)

      1. Introduction: buildings (or parts) which are not HMOs for purposes of this Act (excludingPart 1)

        1. 1.(1) The following paragraphs list buildings which are not houses...

      2. Buildings controlled or managed by public sector bodies etc.

        1. 2.(1) A building where the person managing or having control...

        2. 2A.A building— (a) which is social housing within the meaning...

      3. Buildings controlled or managed by a co-operative society

        1. 2B.(1) A building where— (a) the person managing or having...

      4. Buildings regulated otherwise than under this Act

        1. 3.Any building whose occupation is regulated otherwise than by or...

      5. Buildings occupied by students

        1. 4.(1) Any building— (a) which is occupied solely or principally...

      6. Buildings occupied by religious communities

        1. 5.(1) Any building which is occupied principally for the purposes...

      7. Buildings occupied by owners

        1. 6.(1) Any building which is occupied only by persons within...

      8. Buildings occupied by two persons

        1. 7.Any building which is occupied only by two persons who...

    15. SCHEDULE 15

      Minor and consequential amendments

      1. Parliamentary Commissioner Act 1967 (c. 13)

        1. 1.(1) Section 11A of the Parliamentary Commissioner Act 1967 (consultation...

      2. Land Compensation Act 1973 (c. 26)

        1. 2.The Land Compensation Act 1973 has effect subject to the...

        2. 3.(1) Section 29 (right to home loss payment where person...

        3. 4.(1) Section 33D (loss payments: exclusions) is amended as follows....

        4. 5.(1) Section 37 (disturbance payments for persons with compensatable interests)...

        5. 6.(1) Section 39 (duty to rehouse residential occupiers) is amended...

      3. Local Government Act 1974 (c. 7)

        1. 7.(1) Section 33 of the Local Government Act 1974 (consultation...

      4. Greater London Council (General Powers) Act 1981 (c. xvii)

        1. 8.In section 9(1) of the Greater London Council (General Powers)...

      5. Mobile Homes Act 1983 (c. 34)

        1. 9.In section 2 of the Mobile Homes Act 1983 (terms...

      6. Housing Act 1985 (c. 68)

        1. 10.The Housing Act 1985 has effect subject to the following...

        2. 11.In section 8(2) (periodical review of housing needs) for “section...

        3. 12.For section 252(c) (definition of “house in multiple occupation” for...

        4. 13.For section 268 (service of notice of demolition and closing...

        5. 14.In section 269(1) (right of appeal against demolition or closing...

        6. 15.After section 269 insert— Appeals suggesting certain other courses of...

        7. 16.In section 274 (demolition orders: power to permit reconstruction of...

        8. 17.After section 274 insert— Effect of certain enforcement action under...

        9. 18.For section 275 (demolition orders: substitution of closing orders) substitute—...

        10. 19.(1) Section 289 (declaration of clearance area) is amended as...

        11. 20.For section 300 (purchase of houses liable to be demolished...

        12. 21.For section 304 (closing orders in relation to listed buildings)...

        13. 22.In section 307(1) (saving for rights arising from breach of...

        14. 23.In section 308(3) (approval of owner’s proposals for re-development)—

        15. 24.Omit section 310 (certificate of fitness for human habitation resulting...

        16. 25.In section 318(1)(a) (power of court to authorise execution of...

        17. 26.For section 322 substitute— Minor definitions (1) In this Part the following expressions have the same...

        18. 27.In section 323 (index of defined expressions: Part 9) insert...

        19. 28.In section 439 (requirements as to fitness of premises before...

        20. 29.In section 582 (compulsory purchase orders: restriction on recovery of...

        21. 30.For section 584A (compensation payable in case of closing and...

        22. 31.For section 584B (repayment on revocation of demolition or closing...

      7. Landlord and Tenant Act 1985 (c. 70)

        1. 32.(1) Section 20C of the Landlord and Tenant Act 1985...

      8. Housing Act 1988 (c. 50)

        1. 33.In paragraph 47 of Schedule 17 to the Housing Act...

      9. Local Government and Housing Act 1989 (c. 42)

        1. 34.In section 100 of the Local Government and Housing Act...

        2. 35.In section 195(2) of that Act (short title, commencement and...

      10. Water Industry Act 1991 (c. 56)

        1. 36.For paragraph 2(2) of Schedule 4A to the Water Industry...

      11. Health Service Commissioners Act 1993 (c. 46)

        1. 37.(1) Section 18 of the Health Service Commissioners Act 1993...

      12. Home Energy Conservation Act 1995 (c. 10)

        1. 38.For paragraph (aa)(i) of the definition of “residential accommodation” in...

      13. Gas Act 1995 (c. 45)

        1. 39.In paragraph 2 of Schedule 4 to the Gas Act...

      14. Housing Act 1996 (c. 52)

        1. 40.The Housing Act 1996 has effect subject to the following...

        2. 41.In section 52(1) (general provisions as to orders) after “17,”...

        3. 42.In section 54 (determinations requiring approval), at the end of...

        4. 43.In section 210 (homelessness: suitability of accommodation)—

      15. Housing Grants, Construction and Regeneration Act 1996 (c. 53)

        1. 44.In section 24 of the Housing Grants, Construction and Regeneration...

      16. Government of Wales Act 1998 (c. 38)

        1. 45.(1) Paragraph 27 of Schedule 9 to the Government of...

      17. Freedom of Information Act 2000 (c. 36)

        1. 46.In the table in section 76(1) of the Freedom of...

      18. Local Government Act 2003 (c. 26)

        1. 47.In section 87 of the Local Government Act 2003 (housing...

    16. SCHEDULE 16

      Repeals

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