Part 2Licensing of houses in multiple occupation

Supplementary provisions

76Transitional arrangements relating to introduction and termination of licensing

(1)

Subsection (2) applies where—

(a)

an order under section 55(3) which prescribes a particular description of HMOs comes into force; or

(b)

a designation under section 56 comes into force in relation to HMOs of a particular description.

(2)

This Part applies in relation to the occupation by persons or households of such HMOs on or after the coming into force of the order or designation even if their occupation began before, or in pursuance of a contract made before, it came into force.

This is subject to subsections (3) to (5).

(3)

Subsection (4) applies where—

(a)

an HMO which is licensed under this Part, or a part of such an HMO, is occupied by more households or persons than the number permitted by the licence; and

(b)

the occupation of all or any of those households or persons began before, or in pursuance of a contract made before, the licence came into force.

(4)

In proceedings against a person for an offence under section 72(2) it is a defence that at the material time he was taking all reasonable steps to try to reduce the number of households or persons occupying the house to the number permitted by the licence.

(5)

Subsection (4) does not apply if the licence came into force immediately after a previous licence in respect of the same HMO unless the occupation in question began before, or in pursuance of a contract made before, the coming into force of the original licence.

(6)

An order under section 270 may make provision as regards the licensing under this Part of HMOs—

(a)

which are registered immediately before the appointed day under a scheme to which section 347 (schemes containing control provisions) or 348B (schemes containing special control provisions) of the Housing Act 1985 (c. 68) applies, or

(b)

in respect of which applications for registration under such a scheme are then pending.

(7)

In subsection (6) “the appointed day” means the day appointed for the coming into force of section 61.

77Meaning of “HMO”

In this Part—

(a)

“HMO” means a house in multiple occupation as defined by sections 254 to 259, and

(b)

references to an HMO include (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, it (or any part of it).

78Index of defined expressions: Part 2

The following table shows where expressions used in this Part are defined or otherwise explained.

Expression

Provision of this Act

Anti-social behaviour

Section 57(5)

Appropriate national authority

Section 261(1)

Category 1 hazard

Section 2(1)

Category 2 hazard

Section 2(1)

District of local housing authority

Section 261(6)

HMO

Section 77

HMO to which this Part applies

Section 55(2)

Licence and licence holder

Section 61(6)

Licence (to occupy premises)

Section 262(9)

Local housing authority

Section 261(2) to (5)

Modifications

Section 250(7)

Occupier (and related expressions)

Section 262(6)

Person having control

Section 263(1) and (2) (and see also section 66(7))

Person having estate or interest

Section 262(8)

Person managing

Section 263(3)

Person involved in management

Section 263(5)

Residential property tribunal

Section 229

Tenant

Section 262(1) to (5).