Housing Act 2004

Sections 67 and 90

SCHEDULE 4 E+W Licences under Parts 2 and 3: mandatory conditions

Conditions to be included in licences under Part 2 or 3 E+W

1 (1) A licence under Part 2 or 3 must include the following conditions. E+W

(2) Conditions requiring the licence holder, if gas is supplied to the house, to produce to the local housing authority annually for their inspection a gas safety certificate obtained in respect of the house within the last 12 months.

(3) Conditions requiring the licence holder—

(a) to keep electrical appliances and furniture made available by him in the house in a safe condition;

(b) to supply the authority, on demand, with a declaration by him as to the safety of such appliances and furniture.

(4) Conditions requiring the licence holder—

[F1 (za) where the house is in England—

(i) to ensure that a smoke alarm is installed on each storey of the house on which there is a room used wholly or partly as living accommodation, and

(ii) to keep each such alarm in proper working order;]

(a) [F2 where the house is in Wales,] to ensure that smoke alarms are installed in the house and to keep them in proper working order;

(b) [F3 in either case,] to supply the authority, on demand, with a declaration by him as to the condition and positioning of such alarms.

[F4 (4A) Where the house is in England, conditions requiring the licence holder—

(a) to ensure that a carbon monoxide alarm is installed in any room in the house which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance;

(b) to keep any such alarm in proper working order; and

(c) to supply the authority, on demand, with a declaration by him as to the condition and positioning of any such alarm.]

(5) Conditions requiring the licence holder to supply to the occupiers of the house a written statement of the terms on which they occupy it.

[F5 (6) In sub-paragraph (4A) “room” includes a hall or landing.

(7) For the purposes of sub-paragraphs (4) and (4A), a bathroom or lavatory is to be treated as a room used as living accommodation.]

Textual Amendments

F1 Sch. 4 para. 1(4)(za) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(i) (with reg. 15(2))

F2 Words in Sch. 4 para. 1(4)(a) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(ii) (with reg. 15(2))

F3 Words in Sch. 4 para. 1(4)(b) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(iii) (with reg. 15(2))

F4 Sch. 4 para. 1(4A) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(b) (with reg. 15(2))

F5 Sch. 4 para. 1(6)(7) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(c) (with reg. 15(2))

Commencement Information

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

Additional conditions to be included in licences under Part 3 E+W

2 E+W A licence under Part 3 must include conditions requiring the licence holder to demand references from persons who wish to occupy the house.

Commencement Information

I2 Sch. 4 para. 2 wholly in force at 16.6.2006; Sch. 4 para. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 4 para. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

Power to prescribe conditions E+W

3 E+W The appropriate national authority may by regulations amend this Schedule so as to alter (by the addition or removal of conditions) the conditions which must be included—

(a) in a licence under Part 2 or 3, or

(b) only in a licence under one of those Parts.

Commencement Information

I3 Sch. 4 para. 3 wholly in force at 16.6.2006; Sch. 4 para. 3 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 4 para. 3 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 3 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

Interpretation E+W

4 E+W In this Schedule “the house” means the HMO or Part 3 house in respect of which the licence is granted.

Commencement Information

I4 Sch. 4 para. 4 wholly in force at 16.6.2006; Sch. 4 para. 4 not in force at Royal Assent see s. 270(4)(5); Sch. 4 para. 4 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 4 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)